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SULLY v. KERN DRILLING CORP.

Docket No. 20094.

126 Cal.App.2d 651 (1954)

272 P.2d 549

SPENCER SULLY et al., Appellants, v. KERN DRILLING CORPORATION (a Corporation) et al., Respondents.

Court of Appeals of California, Second District, Division One.

July 22, 1954.

Attorney(s) appearing for the Case

Chenoweth, Robertson, Harney & Behr, Robertson, Harney & Behr, David M. Harney and Ruth Michaelson for Appellants.

Cree & Brooks and Joseph A. Ball for Respondents.

DORAN, J.

The complaint herein contains three causes of action: (1) Specific performance of an oral agreement under which plaintiffs claimed a joint venture with defendants, by reason of which the latter were required to convey to each plaintiff a one-tenth interest in a certain 1 per cent royalty interest purchased by the Kern Drilling Corporation from one Heller. Alternatively, and as respondents allege, "to avoid...

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