CRAMER, Justice.
On July 21, 1945, appellant, A. E. Boger, entered into an agreement with appellee, Moore, Inc., under the terms of which Moore, Inc., assigned to A. E. Boger an interest in an oil and gas lease in Newton County, Texas, in consideration of Boger drilling a test well thereon. During the drilling of the well Boger, among other things, employed labor and contracted for Workmen's Compensation Insurance to cover such employees.
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