McClintick v. Leonards

Respondent commenced this action against R. T. Leonards to recover $1300 alleged to be due under the terms of a written contract. Judgment was rendered in favor of respondent and after the appeal had been taken, Leonards died and appellant was substituted herein.

The action grew out of an oil lease on real property situated in Kern County, California, the record title to which stood in the name of Alex Kirkpatrick, trustee. Respondent and H. A. McClintick, his mother, were purchasing the property under an executory contract of sale.

On January 30, 1926, Leonards himself prepared and presented…