Pagenkopf v. Phelps

Appellees, T. L. and H. E. Phelps brought this suit against H. A. Pagenkopf and associates composing a joint-stock association, known as the Southern States Oil Company, to recover a balance alleged to be due on a contract to drill an oil well. By this contract plaintiffs agreed “to drill a well for oil,” on a lease owned by defendants. We quote the following provisions of the contract as being material to a consideration of the questions presented:

“(2) It is mutually agreed that the above drilling is to be a turn-key job. Party of the second part (T. L. and H. E. Phelps) furnishing . all…