Far West Oil Co. v. Witmer Bros. Co.

This is an appeal from an order denying plaintiff’s motion for a new trial. Both parties to the action are corporations. The defendant was the owner of certain lots in the city of Los Angeles that were supposed to contain petroleum, and plaintiff was engaged in boring and operating oil-wells. On February 19, 1895, the defendant leased the said lots to plaintiff for the term of ten years, and the plaintiff agreed to bore wells thereon and operate them for the production of oil.

The complaint contains four counts, the first of which was upon an alleged account stated for the amount claimed to be due plaintiff from defendant for the expense of drilling and casing an unproductive well, and for the pumping of the productive wells on the lots leased. The court found that it was not true that the account was stated, as alleged in the first count of the complaint, and this finding is claimed to be contrary to the evidence.

We think the court was correct in its construction of the evidence upon this point. The opinion of the learned judge who tried the case, contained in respondent’s brief, clearly and correctly states the case in the following language: “There were insistent efforts on…