Mozingo v. Collins

The learned District Court found that the defendant agreed to send plaintiff $3,000.00 to be used in drilling an oil well, a wildcat operation which might or might not produce, that relying upon that promise, the plaintiff made a contract with a driller to drill the well and incurred a total expense of $3,789.73. The plaintiff had bound himself in writing to convey to the defendant a one-fourth interest in the property. The defendant received and retained the plaintiff’s binding obligation, and doubtless if the well had produced oil the deal would have gone through. When it resulted in a dry…