Ash v. Mickleson

Opinion by

JARMAN, C.

In 1920 Swove-land- & Hartman, a corporation, and George H. Currier owned an oil and gas lease on 160 acres of land in Wagoner county. Currier entered into a contract with Fred Hyer - and Roy Ash to drill a well on the lease, for which Hyer and Ash were to receive S3 per foot. $1,000 was paid under the contract when the well was begun, and it was understood that the balance of the consideration was to be placed in a bank in Tulsa, to be paid when the well was completed. The well was drilled to the required depth, when it was learned by Hyer and Ash that the balance of the…