HUTCHESON, Circuit Judge.
What is in question here, is the construction and application of a clause in a drilling contract, providing for certain payments and interests, if the well appellants contracted to drill should be drilled to a depth of 4,250 feet, or if the same should be completed as a paying oil and gas well, below 3,500 feet. No claim was made below, none is made here, that the well was drilled to a depth of 4,250 feet. The claim appellants unsuccessfully...
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