Bassett v. Carpenter

*829The opinion of the court was delivered by

Johnston, C. J.:

This is an appeal from a decision on a demurrer holding that a petition setting up a contract between E. H. Morgan, a drilling contractor, and the owner of land, to drill a well which turned out to be a dry hole, stated a cause of action, and that the former was entitled to a mechanic’s lien upon the land for the drilling of the well.

It appears that Morgan was adjudged a bankrupt and the action was brought by George R. Bassett, who was appointed a trustee for the bankrupt estate. The contract provided that Morgan should furnish the rig,…