Livingston v. Brown

Opinion by

STEPHENSON, O.

The plaintiffs commenced their action against the defendant for damages ion account of the breach of a written contract by the defendant to drill an oil and gas well for the plaintiffs. It appears from the evidence the defendant agreed to drill the well for the plaintiffs for the written assignment of an undivided one-half interest in an oil and gas lease then owned by the plaintiffs. In the trial of the cause judgment went for the plaintiffs and against the defendant. The latter has appealed the cause to this court and assigns several of the proceedings had in the…