Henderson v. Magnolia Petroleum Co.

*654The opinion of the court was delivered by

Porter, J.:

Plaintiffs recovered judgment against the defendant for the value of well-drilling tools which were destroyed by fire. The defendant appeals.

The petition alleged the employment of plaintiffs under an oral contract to drill an oil and gas well on defendant’s premises; that during the progress of the work a fire occurred without plaintiffs’ fault, which destroyed their drilling tools and outfit, which were of the value of $1,267.62. The petition then alleged that it was the general usage and custom throughout the oil fields of Kansas, well…