Brown v. Homestake Exploration Co.

As I see it, this ease was tried, not upon the contract, but upon plaintiffs’ attempted interpretation of paragraph 10 thereof as pleaded in the complaint. The mooted paragraph reads: “One of the inducements to the parties of the second part to the making of this agreement is that the lands embraced within the terms of this agreement shall be drilled into production as rapidly as possible and the party of the first part hereby binds itself to the exercise of reasonable diligence in the drilling of oil wells on such premises, to such number and extent as said premises will admit of.”

After much…