Twin States Oil Co. v. Westerly Oil Co.

Opinion by

STEPHENSON, C.

The plaintiff commenced its action in the district court of Washington county against the defendants for the alleged breach of a drilling contract. The contract sued on is in substance :(1) That the plaintiff should drill a well to the Bartlesville sand, unless oil or gas was found ait a less depth, on a tract of land owned by the plaintiff. Each of the defendants owned an adjoining lease.(2) It was provided that if the well to be drilled proved to be a dry hole, each of the defendants would immediately pay to the plaintiff the sum of $5,000.(3) It was further provided…