Petty v. Frank

This is an action commenced by defendants in error to recover an alleged balance due for work, labor, and material furnished by plaintiffs in drilling a well for oil and gas.

On July 20, 1940, plaintiffs and de- . fendants entered into a written contract wherein it was agreed that plaintiffs should drill a well for oil and gas upon a tract of land designated by defendants upon which defendants owned an oil and gas lease. It was agreed that the well should be drilled to a depth of 2,600 feet, with a provision that if no oil or gas was found at 2,600 feet or a lesser depth, defendants should…