Commander Oil Co. v. Bardeen

From an order granting plaintiff’s motion for a new trial, defendants appeal. The action is one for declaratory relief involving obligations relative to an oil lease, and was tried before the court without a jury. The present action is between the same parties and the pleadings raise the same issues as those involved in the case of Bardeen v. Commander Oil Co., this court’s 2nd civil No. 13273, ante, p. 355 [119 Pac. (2d) 967], which we have this day decided. The instant case was tried with the case just mentioned. Thereafter the trial judge denied a motion for a new trial in action No.…