Findings of Fact

Filed Nov. 16, 1874

17th Judicial District Court of the State of California, County of Los Angeles

A. J. Krasynski vs. The Los Angeles Petroleum Refining Company

The above entitled cause having been duly tried by the Court, the following facts are found:

1. The Court finds that defendant, a Corporation duly incorporated under the laws of this State, acting by and through its officers, agents, and employees, entered upon a portion of the premises described in the complaint herein, by and with the permission of the plaintiff on December 31st, 1873, as follows: That in October 1873, the defendant was desirous of obtaining a small tract of land, a portion of the premises in the complaint described, for the purpose of putting up a petroleum refinery; that plaintiff and Jorgensen were equally desirous that the refinery should be erected upon said premises, the alleged benefit to them the probability of increased travel and the probability of the boarding by them the laborers of the defendant. That plaintiff and Jorgensen requested Adam Malezewski to deed or to contract to deed to defendant the said two acres in complaint described with the right to said spring, and the right of way of pipes therefrom to said two acres. That by the representation of said plaintiff and Jorgensen, that they desired him to sell the same for the reasons and purposes above mentioned. Said Adam Malezewski sold the said two acres with the right to the use of said spring and the right to lay pipes therefrom to the said two acres, to defendant on the 24th day of October 1873, by a certain written contract of that date.

2. That the plaintiff was in the lawful possession of the premises described in the complaint at the time of the entry of the duly authorized and empowered officers and employees of the defendant under and by virtue of a lease duly recorded , made on the 6th day of August 1872, by the owner in fee, the said Adam Malezewski to O. P. Robbins, to continue three years from the said last mentioned date, and assigned by said Robbins to plaintiff and P. Jorgensen on the 21st July 1873 previous to the entry of the said officers and employees of the defendant; the said Jorgensen assigned all his interest in the property to the plaintiff who remains in sole possession.

3. That there is no evidence to show that there was a surrender of the lease of two acres or any other portion of said premises to Adam Malezewski by plaintiff or P. Jorgensen.

4. That the use and occupation of said premises consisting of two acres of land, a spring of water, and a line of pipe to control the water of said spring to the refinery of defendant were reasonably worth five dollars a month.

In conclusion of law from the foregoing, the Court finds that the plaintiff is entitled to recover of the defendant the sum of twenty five ($25) dollars lawful gold coin of the United States.

Let judgment be entered accordingly.

Sepulveda

Judge