25 Ind. App. 375 | Ind. Ct. App. | 1900
—This was an action by appellants against appellees for damages growing out of the alleged breach of a gas and oil lease. The original lessors conveyed the leased land and assigned the lease to the appellants before the commencement of this action. The lease, omitting the description of the leased premises, was as follows: “This in-
denture witnesseiith, that William E. Trammel and Lucy Trammel, his wife, of Huntington county, Indiana, party of the first part, for the consideration herein provided, do hereby grant, bargain and lease and convey unto Cyrus E. Briant of Huntington county, Indiana, party of the second part, all the oil and gas in and under the following
Cyrus E. Briant assigned his interest in the lease to one William H. Line, who in his turn assigned the lease to C. P. Collins.
It is alleged in the complaint that in accordance with said lease appellees drilled one well on the leased land
Appellees’ answer was in five paragraphs; the first a general denial; the second and third paragraphs are substantially the same. In both the second, and third paragraphs of answer it is alleged that after the execution of the lease mentioned in the complaint, and before the purchase of the real estate therein described and before the purchase by and assignment of the lease to appellants, appellees caused a well to be drilled and completed on said real estate, and eaused said well to be properly equipped for pumping and producing oil; that said well would not and did not produce any gas, and would not and did not produce oil in sufficient quantities to pay for the pumping; that appellees gave said well a true, sufficient, and honest test, and that it would not produce oil but produced salt water in large quantities, and was what is designated as a “dry hole”; that all the land embraced in the lease sued on was barren of oil or gas, and would produce neither in sufficient quantities to pay the expenses connected with the wells if the wells mentioned in the lease had been drilled and equipped.
According to our view of this case, the issue raised by the
Appellants recovered a judgment below for $5. The only question presented on appeal arises from the' ruling of the lower court in overruling appellants’ motion for a new trial. It is contended that the judgment is erroneous, being too small.
The damage to appellants arising from the breach of the contract is specifically pointed out- in the complaint. The sole and only claim made by appellants is that appellees “wholly failed to drill any more wells as per agreement, to the damage of these plaintiffs in the sum of $1,700, in this, that the rental which would have inured to them would have been in that sum had they performed said contract.” Whether or not appellants were damaged by a failure to drill the wells as the contract provided was the question before the court for trial. The evidence upon this question is conflicting, and we will not disturb the judgment. Judgment affirmed.