Wolverton v. El Dorado-Harper-Emporia Oil & Gas Co.

Citations

• 104 Kan. 764
• 180 P. 792
• 1919 Kan. LEXIS 354

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Contract — To Bore Oil Well — Demand for Pay for Extra Work — ■ Interpretation of Contract — Instructions. A contract to bore an oil well provided that the well, when completed, should not be less than six inches in diameter, if practicable. An instruction was given to the effect that' the defendant would be liable for extraordinary work and expense in underreaming in order to make the diameter six inches, and also that if the defendant requested such work, it would be liable for the reasonable value thereof. The evidence supported the allegation that the underreaming for which the plaintiff claimed extra pay was done at the request of the defendant at an agreed price. Held, that the giving of the entire instruction did not constitute material error.</p>