Smith v. Maljamar Oil & Gas Corp.

OPINION OF THE COURT

WATSON, J.

Suit upon an oil drilling contract. It was oral, aird, as stated in appellant’s brief, provided as follows:

“* * * the contractor Smith was to drill the well to a depth of 3,500 feet for the price of $4.50 per foot, and $5.00 per foot beyond 3,500 feet; that the well was to be drilled in a good and workmanlike manner and the plaintiff was to furnish all necessary tools and labor; that the defendant was to furnish the casing, the drilling rig, the water and the fuel, and was to pay $75.00 per day for day work.”

Plaintiff was paid for the depth attained at the…