Sawtelle v. Cosden Oil & Gas Co.

The opinion of the court was delivered by

Dawson, J.:

This was an action upon an oral contract whereby defendants agreed to assume and pay plaintiff’s labor bill against a contractor who at the instance of defendants had undertaken to drill an oil-and-gas prospect hole on a Sumner county quarter section to a depth of 3,800 feet, but who threw up the job when he had reached a depth of 2,929 feet and went off without paying his laborers, one of whom was this plaintiff.

Plaintiff’s petition alleged the interest of the defendants in the premises, their contract with one G. G. Sawtelle, the…