Galey ex rel. Smith v. Mellon
Supreme Court of Pennsylvania
Appeal, No. 78, Oct. T., 1895, by-defendant, from judgment of C. P. Washington Go., on verdict for .plaintiffs. Assumpsit on a contract for drilling an oil well. Before McIlvaine, P. J. At the trial it appeared that on April 1,1893, W. L. Mellon of Pittsburg contracted in writing with Samuel Galey to drill a well for oil or gas on a farm in Washington county.
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Appeal, No. 78, Oct. T., 1895, by-defendant, from judgment of C. P. Washington Go., on verdict for .plaintiffs. Assumpsit on a contract for drilling an oil well. Before McIlvaine, P. J. At the trial it appeared that on April 1,1893, W. L. Mellon of Pittsburg contracted in writing with Samuel Galey to drill a well for oil or gas on a farm in Washington county. By the terms of the contract Galey was to furnish all tools, cables, etc., at his own expense and risk, and the fuel, labor and hauling required in completing the well, and case it dry of water. Mellon was to furnish wood, rig, casing,…
1Opinion of the Court
Opinion by
Mr. Justice Fell,
This action is founded upon a contract for drilling an oil well. The personal performance of the work by the legal plaintiff could not have been contemplated by the parties at the time the contract was made. The work of necessity required the labor and attention of a number of men, and it does not appear that because of his knowledge, experience or pecuniary ability, or for any other reason, Galey was especially fitted to carry it on. There is nothing of a personal nature about it, and its personal performance by him was not the inducement nor of the essence of the…
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