HOLMES, Circuit Judge.
This action was brought by the appellee to recover damages upon a contract for the drilling of an oil and gas well. Trial was had before the court below without a jury, and judgment was entered for the appellee. Under the terms of the contract, the appellee, a drilling contractor, was to drill an oil and gas well for the appellant.
Prior to the time that the total depth of 2,390 feet was reached in said well, the appellant, in order...
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