R. Olsen Oil Co. v. Fidler. Fidler v. R. Olsen Oil Co

PHILLIPS, Chief Judge.(dissenting in part).

It is my opinion that, under the facts presented, the trial court’s instruction on the measure of damages was erroneous. In all other respects, I concur in the opinion of the court.

R. Olsen Oil Company, hereinafter called1 Olsen, entered into a written contract with Fidler under which, in consideration of the assignment of oil and gas leases covering approximately 6,000 acres of land in Torrance County, New Mexico, by Fidler to Olsen, Olsen agreed to drill an oil and gas well, at a stipulated location on the area embraced in such leases, to a depth…