Warson

Appeal by plaintiff from a judgment against him in an action in which he sought specific performance of a contract with reference to oil and gas leases upon land in Canada, with a prayer for incidental and alternative relief.

The plaintiff acted as the trustee or agent of a syndicate known as the Underwriters of the Consolidated Petroleum Company in making the contract involved herein, and sues in such capacity. The defendant Syndicate was a general partnership, composed of the other named defendants, organized and existing for the purpose of acquiring and operating oil and gas lands in the United States and Canada. The contract involved in this case, which was attached to the complaint, provided that the plaintiff should drill a test well on certain property leased to defendants, known as “No. 2 Structure,” on Pakowki Lake, and in consideration of such work should be given “leases or acreage on some or all of the various other structures, numbers 1 to 16,” which are numbered and named in the contract. Plaintiff was to receive leases covering 5,200 acres on the said' Pakowki Lake structure and an additional 10,000 acres of Canadian government oil and gas leases, distributed among…