Chisler v. Byers

The opinion of the court was delivered by

Mason, J.:

Harry Chisler and Wilbur E. Stone owned some 3,000 feet of oil-well casing, which they leased to D. E. L. Byers for a period of ninety days, the contract reciting that it might be used only upon what was known as the Castleton well. Byers agreed to pay the stipulated rent and return the casing within the time named. Byers had already contracted to drill ■ another well, known as the .O’Halloran, for George E. Gano, and he used this casing on that well. He found himself unable to carry out his contract, and in consideration of $2,250 signed a…