Lay v. Aetna Insurance Co.

SMITH, Justice.

Appellant, J. D. Lay, was employed by J. & J. Oil Venture to ascertain the proper location for, and supervise the drilling of, an oil well on a lease belonging to J. & J. in Caldwell County. At appellant’s direction, a site was located, a well drilled, and production actually brought in. Subsequently, after J. & J. had expended some $40,000 in expenses on the well, it was discovered that, due to appellant’s error in reading the surveyor’s stakes, the well had been located and drilled on an adjoining tract not under lease to J. & J. A settlement was reached with the adjoining…