BRYAN, Circuit Judge.
Appellant sued to recover damages for appellee's failure to drill an oil well deeper than it was drilled under a contract between the parties. The trial court directed a verdict for appellee at the close of all the evidence, and its action in doing so is assigned as error.
The original contract, which was in writing, recited that appellee was lessee under an oil and gas lease executed by appellant, was under an implied obligation to drill...
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