Higgins

Each oí the three defendants called the “California Petroleum and Asphalt Company,” the “Alcatraz Asphalt Company,” and the “Alcatraz Company,” is a corporation; and this action is brought by plaintiff, as one of the lessors in a certain lease of asphalt mines, to recover from said defendants certain rents, or royalties, reserved in the lease. The trial court rendered judgment for a certain sum of money which it found to be due as such royalties, and from the judgment the said defendants appeal, bringing up rulings and evidence in a bill of exceptions.

Most of the main questions in the case were settled on two former appeals arising out of this same, lease. In one of them •—namely, Higgins v. California, Petroleum and Asphalt Co., 109 Cal. 304 , [ 41 Pac. 1087 ],—the present plaintiff, Higgins, was plaintiff, and the defendant herein first above named, the California Petroleum and Asphalt Company, was defendant; and in the other case,—namely, Higgins v. California Petroleum and Asphalt Co. and Alcatraz Asphalt Co., 122 Cal. 373 , [ 55 Pac. 155 ],—Higgins was plaintiff, and the two corporations first named in the complaint herein—to wit, the California Petroleum and Asphalt…