PER CURIAM:
Eddie A. Kirby, defendant-appellant, and E. A. Ballangee, plaintiff-appellee, entered into a contract whereby Ballangee agreed to drill a well for oil and gas upon Kirby's leasehold located in Calhoun County, West Virginia. Ballangee agreed, inter alia, to the following conditions: he was to be paid $4.50 per foot, payment to begin after the first 275 feet; the well was to be drilled to such depth as Kirby desired, but not to exceed 2150 feet; he...
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