Logan v. Elliott

LATTIMOEE, Justice.

Appellants sued appellees for $25,000, alleging and proving that appellants assigned an oil and gas lease on lands in Caldwell county by a contract in writing which bound the appellees to proceed with due diligence to drill an oil and gas well (details set out in the contract) and as part payment 7or said lease appellees agreed to deliver in the pipe line one-half of seven-eighths of all oil “produced and saved from said lands” until such oil at a fair market equaled the sum of $25,-000.

Appellees did not drill the well and defended on several grounds, one of which was that…