Taylor v. Limburg

Citations

• 62 Pa. Super. 132
• 1916 Pa. Super. LEXIS 372

Syllabus

<p>Contract — Drilling oil well — Written agreement — Construction.</p> <p>In an action to recover the price of drilling an oil and gas well under a written agreement, it appeared that the plaintiff was to drill a well to the depth of 875 feet for which he was to he paid at the rate of 80 cents per foot. The contract further provided that the defendant was to furnish conductor, water, fuel, and all necessary casing required to drill said well; and it is agreed that in case he is satisfied that said well has been drilled to and through the said first cow run sand or its formation before the maximum depth above mentioned has been reached he shall have the right to stop further drilling thereon and the same shall he regarded as fully completed under the terms of this agreement.” The evidence showed that if the cow run sand was not found within sixty feet of the top of the shale, it was not there. The undisputed testimony showed that plaintiff drilled sixty feet below the top of the shale, and the cow run sand was not found. He drilled ten feet further at defendant’s request and then notified defendant that the well was a dry hole. He drilled altogether 882 feet for which he claimed the contract price. Held, (1) that the contract required plaintiff to 'drill to the first cow run sand provided that formation was reached within the distance of 875, and that if the sand was reached before drilling that distance defendant had the right to order further drilling to stop; and (2) that a verdict and judgment for plaintiff should be sustained.</p>