Smith-Horton Drilling Co. v. Brooks

This is a suit for damages allegedly resulting from the violation of a written provision in an oil and gas lease whereby defendant lessee agreed that no well should be drilled nearer than 200 feet of the house and barn situated on the leased premises without written consent. Written consent was not given. A well was drilled within the restricted area and all other necessary facilities, such as slush pit, were constructed by defendant within said restricted area. .

The evidence of plaintiff tends to show that he objected to the location of the slush pit because it would interfere with and…