Dempsey Oil v. Hussey Whelan

(after stating the facts as above). The court concluded, and (hat conclusion is assailed by appellant, that under the facts proven the appellant should be held liable to pay for the gas used in drilling the well the distance between 2,340 and 2,500 feet, because of the express promise at the time of the appellant to pay for the gas so used. The appellant- urges that even if the Dempsey Oil Company, Limited, promised to pay for the gas so hsed, it would be without consideration and not legally binding. As found by the court the appellant promised to pay for the gas used in drilling the well…