George A. Armstrong being first duly sworn deposes and says:

That from about the 1st of March to about the 1st of August, 1877, he was engaged in the business of refining oil at the City of Los Angeles County and state aforesaid. That about the month of July of last year affiant endeavored to purchase of the plaintiff R.S. Baker crude oil from the San Fernando Oil District and offered to pay, and was willing to pay, said Baker therefore the sum of three dollars per barrel delivered of the wells. That he was willing and anxious to purchase from said Baker as much of said oil, at said price, as affiant was able to use in his refinery.

That a short time before the time last aforesaid, affiant entered into a contract with one Chas. J. Ellis for one thousand barrels of such crude oil at the rate of four dollars per barrel delivered at the wells and said Ellis had contracted with one R.C. McPherson for the same oil at three dollars per barrel delivered as aforesaid. That affiant was anxious to obtain said oil at the price above named and was really willing to pay therefore five dollars per barrel but was not able to obtain it.

George A. Armstrong

July 1, 1878