Slape v. Fortner

William G. Fortner, now deceased, entered into a written contract with Don Slape, a well driller, for the sinking of an oil well on certain premises in Indiana. At that time the defendants, Joe F. Yan Natta, Phillip M. Kimmel and A. G. Storme, were the purported oil lessees of the premises, subject to Fortner’s overriding royalty of one-fourth of the seven-eighths working interest therein.

When the well drilled by Slape was completed, it proved to be a dry hole, and nobody was willing to pay for it. Slape then filed this suit against Fortner and the lessees above named. Fortner answered,…