FOSTER, Circuit Judge.
Appellant brought suit against appellee to recover damages of $10,000. In substance, the petition alleged that appellant had proposed to appellee that he would obtain an oil lease on approximately 5,000 acres of land, known as the Bert Page Ranch, and drill a well on it to the depth of 5,000 feet, unless oil was sooner struck, if the defendant would purchase 500 acres of the lease, in a spread around the well, at $20 per acre; that appellee...
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