Hickman v. Union Oil Co.

Citations

• 106 Kan. 555
• 189 P. 391
• 1920 Kan. LEXIS 603

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Drilling On, Well — Terms of Contract Stated — Contract Not Breached. A contract which provides for drilling an oil well to the top of the sand or to a depth of 2,600 feet, and which provides that the driller shall inspect the machinery, rig, casing, and other appliances furnished by the owner of the well with which to do the drilling, and which provides that if the driller fails to make such inspection or to notify the owner of any defect discovered in the machinery, rig, casing, or other appliances, the driller shall asume all the risk and responsibility for any defect except for one impossible to discover, implies that the owner of the well is responsible for any defect impossible to discover in the machinery, rig, casing, or other appliances, if proper inspection is made; and the contract is not breached by the driller’s failure to drill the well to the top of the sand or to a depth of 2,600 feet if such failure is caused by a collapse of the casing which prevents the completion of the well, if the collapse of the casing is caused by a defect impossible to discover.</p> <p>2. Same — Inspection—Evidence. There was evidence to show that the plaintiffs inspected’the casing furnished by the defendant.</p> <p>3. Same — Collapse of Casing. The defendant is liable for work done at its request after the collapse of the casing caused by a defect which it was impossible for the plaintiffs to discover by inspection.</p> <p>•4. Same — Recovery of Lost Tools. There was evidence which tended to show that the collapse of the casing was not caused by the plaintiffs in an effort to recover the tools lost by them in the well..</p> <p>5. Same — Well Taken Over by Lessor. There was evidence which tended to show that the defendants took over the well after the collapse of the casing, and .this question was properly submitted to the jury.</p> <p>6. Same — Collapse of Casing — Recovery of Lost Tools. No new consideration was necessary to render the