Mellies v. Heilman

*231The opinion of the court was delivered by

Harvey, J.:

This is an action on a promissory note for $9,000. The jury answered special questions and returned a verdict for plaintiff. Defendant has appealed.

The plaintiff, Henry Mellies, a farmer in Clay county, became interested in oil developments in and about Lost. Springs and obtained a léase on what is -known as the “Church property.” He entered into a contract with Lawrence Beck to drill a well on this Church lease and paid him $5,000 in cash, assigned to him a three-eighths interest in the lease, and agreed to pay an additional $2,500 when the…