Marion Machine, Foundry & Supply Co. v. Allen

The opinion of the court was delivered by

Johnston, C. J.:

Was the plaintiff entitled to enforce a material-man’s lien on an oil and gas leasehold for merchandise furnished by the plaintiff to one who drilled a well on the leasehold? is the question involved in this case.

G. J. Smith and S. J. Polhamus were the owners of the oil and gas leasehold. They entered into a contract with defendant, H. R. *771Allen, on December, 1922, to drill a well upon it. In order to carry on the work of drilling Allen purchased from the plaintiff, the Marion Machine Foundry and Supply Company, certain material and…