Gartner v. Missimer

The opinion of the court was delivered by

Robb, J.:

This was an action for damages resulting from a breach of contract by failure of defendants to drill an oil and gas well to the Arbuclde lime on the farm of plaintiffs. Judgment was for plaintiffs and defendants have appealed.

The plaintiffs will hereafter be referred to as appellees and the defendants as appellants.

Appellees’ petition, appellants’ second amended answer, and a reply set out the issues in the case. The facts, briefly stated, were that appellees owned 265 acres of land in Montgomery county and on August 12, 1952, this land was…