113 Kan. 652 | Kan. | 1923
The opinion of the court was delivered by
This is an action to recover upon a contract for drilling an oil well. A jury was waived, there was a trial to the court and judgment for plaintiff, from which the appellants have appealed.
The drilling contract provided that appellants should furnish certain casing, which they owned, and that appellee should furnish other casing which he owned, for which appellants’were to pay him a rental. It was further agreed that, in the event appellants desired to buy a part of appellee’s casing, upon the completion of the well, they could do so at a price fixed in the contract. When the well was nearly completed appellants desired to purchase the six and three-quarter inch casing belonging to appellee then in the well and its value was computed and the money deposited in the bank in escrow, together with an escrow agreement, which provided that this particular casing should be left in the well, and that appellee should pull the other casing, at which time he was to have the money deposited in escrow. There was, also, a provision in the original contract requiring appellee to pull the casing which should be pulled when the well was completed. After appellants had tested the well to their satisfaction, they notified appellee to pull the casing, that is, they wanted the six and three-quarter inch casing left in the well and desired that he pull the eight, ten and twelve inch casing. He did pull the eight and ten inch casing and in trying to pull the twelve inch casing it parted about 300 feet from the top of the ground, and .the rest of the twelve inch casing, between 400 and 500 feet, could not be pulled for the reason that it was impossible to get hold of it