Sun Oil Co. of California v. Union Drilling & Petroleum Co.

The judgment is affirmed. This conclusion clearly results from the following statement of facts taken from the findings of the court and properly supported by the evidence adduced upon the trial:

Pursuant to said contract, defendant forthwith went into possession of said property and deepened said well to a depth of about 3,330 feet, reaching said depth on or about July 18, 1924. Between said date and the date of the filing of this suit, December 8, 1924, defendant remained in possession of said property, endeavoring by the use of various devices to put the well on production and during said period a small quantity of oil was produced, which was sold and the proceeds divided in accordance with the plan prescribed by said contract. The well was never accepted by plaintiff as being completed at said depth and plaintiff never in any respect waived full performance of said contract by defendant and never relieved defendant from carrying out the agreement as originally drawn. Defendant failed, refused and neglected and continued to so fail, refuse and neglect to drill said well to any depth greater than 3,330 feet and likewise refused to furnish the casing required to drill said well…