Meyers v. Zahn

The opinion of the court was delivered by

Burch, J.:

The action was one by a driller to recover on a contract to drill a gas well for a landowner. Plaintiff recovered, and defendant appeals.

The bill of particulars on which the case was tried alleged that defendant was indebted to plaintiff on a contract to drill a gas well on described land, and that plaintiff had performed on his side. The bill of particulars set out the contract, and the material portions follow:

“The said second party agrees to drill said well to the depth of 700 feet, unless oil or gas is found in commercial quantities at a…