Hickman v. Union Oil Co.

The opinion of the court was delivered by

Marshall, J.:

The plaintiffs and the defendant entered into a contract by which the plaintiffs agreed to drill an oil well to the top of the sand, or to the depth of 2,600 feet, for $2.25 a foot. The well was drilled to a depth of 2,210 feet, and then abandoned. The plaintiffs commenced this action to recover the $2.25 a foot for the depth to which the well was drilled, and to recover damages caused the plaintiffs by the defendant. Judgment was rendered in favor of the plaintiffs for $10,152, and the defendant appeals. The contract was in part as…