Breeden v. Hopkins

Finch, J.:

The complaint consists of two causes of action, each based on a separate agreement, the specific performance of which is demanded.

In the first cause of action it is alleged that the plaintiffs, as trustees, owned certain oil and gas leases, but were without sufficient financial means to ascertain by drilling whether the lands contained oil; that they entered into an agreement with the defendant to assign to him a one-half interest in their leases and deposit the assignment in escrow, provided the defendant would proceed to drill a test well upon said lands at his cost and expense of…