117 Kan. 619 | Kan. | 1925
The opinion of the court was delivered by
The action was one to recover on an oil drilling contract. The plaintiff prevailed and defendants appeal.
The facts were substantially as follows: The plaintiff was drilling oil wells in Miami county. The defendants, who resided in Kansas City, Kan., owned some leases in Johnson county, and procured the plaintiff to drill three wells for them. Two of the defendants went to see the plaintiff near La Cygne, after which he (plaintiff) interviewed the defendants in Kansas City, Kan. Later the defendants prepared a contract which they took to the plaintiff and which was executed by him. By the terms of this contract the plaintiff agreed to move one of his drilling rigs to the defendants’ leases in Johnson county, and to drill three wells at locations to be designated by the defendants, each well to be not less than .five hundred feet in depth, and not to exceed one thousand feet, at $2.25 per foot for the drilling, the defendants to furnish the casing or tubing, and he to furnish everything else. The defendants were to have the right to stop the drilling of any one of the three wells anywhere between 500 feet and 1,000 feet in depth. While the contract did not specifically state that the wells were to be drilled for gas or oil, there was no mistaking the intention. The contract also provided that the defendants were to pay $400 of the expense of moving the rig from La Cygne to Johnson county. This they did after the rig was moved. The plaintiff began drilling under the contract at a location designated by the defendants
The action was filed May 13, 1921. Therein plaintiff sought to recover for drilling one well 823 feet at the contract price of $2.25 per foot, amounting to $1,851.75. Also for damages for refusal of defendants to permit him to drill the two additional wells to a minimum depth of 500 feet”. Trial to a jury resulted in a verdict for plaintiff amounting to $4,881.75. Thé jury answered special questions in which they itemized the amounts making up the verdict, the items being as follows:
Drilling first well at contract price................................. $1,851.75
.Damages for failure to permit him to drill two additional wells to minimum depth of 500 feet each................................. 1,000.00
Damages arising by reason of his rig, tools and outfit being kept shut down and idle for a period of 64 days, at $25 per day.............. 1,600.00
.Damages arising by reason of labor employed by plaintiff — one employee at $10 per day for 43 days................................ 430.00
Error is alleged because the court permitted a somewhat extensive
Defendants next complain because the plaintiff was permitted to introduce testimony to the effect that, having drilled one well upon the lease in question to a depth of 823 feet, and knowing the formation below the surface, he could estimate how long it would take him to drill two additional wells to a depth of 500 feet. This testimony cannot be said to have been incompetent. Doubtless it was the best evidence that could have been produced upon this point. Other complaints of the introduction of evidence or the refusal to receive evidence have been considered, but we are unable to discover any error affecting prejudicially the rights of the defendants. Complaint is made of the instructions. We have examined the instructions and conclude that they fairly covered the issues in the case. Complaint is made that the verdict was not supported by the evidence. The complaint is not well taken. We do not deem it necessary to set down or analyze the evidence. We have examined and considered it, and conclude that it was abundant to support the verdict and special findings. We discern no error which would warrant a reversal. (See Shanks v. Oil & Gas Co., 116 Kan. 525, 227 Pac. 251.)
The judgment is affirmed.