Brazos River Gas Co. v. McGarr

GRISSOM, Justice.

In December, 1934, W. H. McGarr and the Brazos River Gas Company entered into a written contract whereby the gas company agreed to pay to McGarr $5 per day for the use of his (McGarr’s) oil well drilling machine, known as a spudder, and tools used in connection therewith, in the drilling of an oil well by the gas company. McGarr was also employed as a driller. The contract contained the following provision: “The Brazos River Gas Company will keep up the repairs on your machine, tools' and equipment as, if and when needed, so long as same are used by said company.” In January,…