Sully v. Kern Drilling Corp‪.‬

[126 CalApp2d Page 651] 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 [126 CalApp2d Page 652] from one Heller. Alternatively, and as respondents allege, ""to avoid the defense of the Statute of Frauds,"" the complaint alleged a constructive trust resulting from a breach of a confidential relationship, or a resulting trust. A second cause of action was in favor of plaintiff Rodman K. Cross for a debt due, with a third cause of action for Cross claiming the reasonable value of services rendered in evaluating the property involved herein.