Cosden Oil & Gas Co. v. Moss

In the trial court, Moss Webb, and Hill, as plaintiffs, sued the Cos-den Company for damages for failure to complete a test well for oil and gas according to contract.

The facts were that the defendant company had obligated itself by agreement with plaintiffs to drill such test well to a depth of 2,000 feet, “unless oil or gas in paying quantities or a real granite formation was encountered at a lesser depth.” The defendant drilled the well to a depth of 1,410 feet, when it discontinued the drilling of the well and abandoned the same without having found oil or gas; the defendant contending at…