ANDERSON, Justice.
Appellees, who were plaintiffs in the trial court, sued both the appellant, William Seale, and one J. C. Means, Jr., in the county court of Hardin County to recover for damages allegedly done by appellant and Means, while drilling for oil, to the surface of land in Hardin County which appellees owned and to trees and a water well thereon situated. Their action, however, sounds in contract rather than in tort. They have declared upon a written instrument...
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