COTTERAL, Circuit Judge.
This suit was brought by R. J. Mosher against Fred Kentz and Peter Evanoff to recover a balance of $3,268.75 for labor performed and materials used in drilling and installing an oil well. Plaintiff died prior to the trial, and his administrator was substituted as plaintiff.
The answer was, first a general denial; second, a plea of payment; third, an assignment of the oil from the well (Exhibit B) was taken in satisfaction of plaintiff...
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