Higgins

This is an action for damages for breach of contract. The plaintiff was the owner of 160 acres of land in Kern County, acquired under an agricultural patent which reserved the oil rights to the government. She was also the owner of a “Prospecting Permit” issued by the department of the interior, giving her the right to prospect for oil or gas on this same property. As first party, she entered into an agreement with one J. C. Grant, as second party, which agreement was later assigned by Grant to Julian Petroleum Corporation. This agreement, after reciting that the first party is the owner of the surface rights in the property, and also of a prospecting permit issued by the Secretary of the Interior, provides that the second party shall drill a well on said premises to a depth of not less than 3,000 feet, unless oil in paying commercial quantities is discovered therein at a lesser depth. In the event oil is discovered in paying quantities, the second party agrees to provide the first party with all necessary affidavits and proofs to enable her to obtain a lease to said land from the Secretary of the Interior, and the first party agrees to then obtain such a lease from the Secretary…