Oklahoma Reports Volume 39

Oklahoma Reports Volume 39

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1914 edition. Excerpt: ... Pac. 639. Construing the contract as a whole, it cannot be said that when plaintiff drilled said well to a depth of 863 feet, the contract was completed, and the contract price for drilling and reaming due, when it is made to appea_r that further drilling was not impossible, but, on the contrary, was necessary, if the work done was to be of value, and that demand that the work be continued was made. On the other hand, if the failure of the plaintiff to complete its contract was brought about or caused by the act of the defendant, that fact, being made to appear, would not warrant the defendant in escaping liability for the work done. Concerning defendant's counterclaim, the court gave the following instruction: "You are instructed, gentlemen of the jury, that if any amount was due from the defendant to the plaintiff for reaming said well, as defined by these instructions heretofore given, and upon the completion thereof--that is to say, when said well was dug to the depth of 850 feet--the defendant denied any liability for reaming and refused to pav therefor, the plaintiff was justified in refusing to continue the digging of said well, and the defendant would not be entitled to recover anything upon their cross-bill in the shape of damages, unless you find that the charges presented for reaming were fraudulent, wicked, wrongful, and were not made in good faith." As we have seen, payment for drilling and completing said well, which would, of course, include any necessary reaming, was not due until the well was turned over to and accepted by the company, unless it should be made to appear that defendant not Lamont Gas & Oil Co. v. Doop 8: Prater. only refused payment at the time, but unconditionally denied liability, ...show more

Product details

  • Paperback | 334 pages
  • 189 x 246 x 18mm | 599g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236756797
  • 9781236756794