Supreme Court of Kansas April 10, 1920, No. 22,393 (Hickman v. Union Oil Co.)

The opinion of the court was delivered by

Marshall, J.:

The plaintiffs and the defendant entered into a contract by which the plaintiffs agreed to drill an oil well to the top of the sand, or to the depth of 2,600 feet, for $2.25 a foot. The well was drilled to a depth of 2,210 feet, and then abandoned. The plaintiffs commenced this action to recover the $2.