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RUBENS v. TEXAM OIL CORP.

Docket No. 28211.

239 Cal.App.2d 78 (1965)

48 Cal. Rptr. 411

HARRY ERNEST RUBENS, Plaintiff and Appellant, v. TEXAM OIL CORPORATION, Defendant and Respondent.

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

December 28, 1965.

Attorney(s) appearing for the Case

Guilford & Kleinman and Samuel DeGroot for Plaintiff and Appellant.

Greenberg, Shafton & Bernhard, Maxwell E. Greenberg, Herbert A. Bernhard and Loren R. Rothschild for Defendant and Respondent.

FILES, P.J.

Plaintiff paid $15,000 for a 1 percent interest in an oil lease, and agreed, in addition, to pay his pro rata share of drilling costs. He actually paid $1,228.16 towards expenses, and owed an additional $426.49 when the venture was abandoned because of failure to find oil in paying quantities. Plaintiff then brought an action to recover his money from Texam Oil Corporation, which was both the transferor of the 1 percent interest and (during a portion of...

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