Fortenberry v. Wilkerson

The chancellor sustained a general demurrer to the bill herein and ordered transfer of the case to the circuit court for trial. From that decree this appeal was allowed and prosecuted. Correctness of that action is the question before us.

On December 9, 1950, appellants entered into a contract with Mrs. Alice Wilkerson, one of the defendants, to drill for her a well, hoping for the production of gas or oil, upon thirty-seven acres of land in Alabama, the mineral rights on and under which being owned by Mrs. *72Wilkerson. The contract set out the price, $12,800; depth; the time for completion; and…