Patritti

Plaintiffs sought a declaration as to the rights of plaintiffs and defendants in certain real property which was the subject of a condemnation action, or a declaration as to their rights in the condemnation award.

In a nonjury trial, the judgment provided that plaintiffs were entitled to half of the condemnation award after deducting certain amounts from the gross award, and that the defendants were also entitled to half of the net award; plaintiffs were the owners of an undivided half interest in the oil rights; defendants were the owners of a half interest in the oil rights; defendants were ordered to execute a deed conveying to plaintiffs a half interest in the oil rights.

Defendants appeal from the judgment.

Appellants contend that the evidence does not support certain findings, and the court erred in rulings as to the admissibility of evidence.

Appellants’ principal argument is that the trial judge made a new contract for the parties and improperly ordered specific performance of the contract.

Plaintiff Patritti was president of plaintiff Gladstone Holmes, Inc., a corporation which was in the business of subdividing land. Plaintiff Mrs. Ord, who was a licensed real…