Scarlett v. Allen

Plaintiff had a directed verdict (at the hands of a jury) against defendant in the sum of $3,463.13. Defendant appeals from a judgment entered thereon, claiming that the court should either have directed a verdict in his behalf or granted his motion for a judgment non obstante veredicto.

Plaintiff Scarlett, as trustee for himself and others, arranged with defendant to drill an oil well on a 40-acre lease adjoining some wells already in production. Defendant Allen was a driller and contractor. A written contract was entered into, under the terms of which plaintiff and his associates were to pay…