Robinson

On November 10, 1910, plaintiff and defendant Rispin entered into a written agreement for the drilling of certain oil wells in Kern County. Robinson agreed to furnish the tools and labor and drill two or more wells for which Rispin agreed to pay him $4.50 for each vertical foot drilled. Rispin was “to furnish all necessary fuel, water, tubing and casing at the well being drilled,” and Robinson agreed to do the work according to certain specifications “in a thoroughly workmanlike manner under the instructions of said Rispin,” and it was further provided that Robinson should not be compelled to drill to a depth exceeding one thousand feet in any one hole, and “that this contract shall cover a total of not less than 2000 feet of drilling and not less than two nor more than four wells and that there shall be no unnecessary delays by either party, either in the drilling of the wells or the furnishing of casing, fuel and water.” On December 23, 1910, after Robinson had moved his crew and appliances to the land where the work was to be done, but before he had actually begun drilling, Rispin assigned all his right, title, and interest in said land (which he held under option agreements)…