Current v. Fulton

• Citation: 10 Ind.App. 617,38 N.E. 419
• Parties: CURRENT v. FULTON.
• Decision Date: 12 October 1894
• Court: Court of Appeals of Indiana

10 Ind.App. 617

38 N.E. 419

CURRENT

v.FULTON.

Appellate Court of Indiana.

Oct. 12, 1894.

Appeal from circuit court, Jay county; D. D. Heller, Judge.

Action by Benjamin F. Fulton against James K. P. Current. Judgment for plaintiff. Defendant appeals. Affirmed.

Headington & La Follette, for appellant. D. T. Taylor, for appellee.

ROSS, J.

Appellee sued and recovered judgment against the appellant for the sum of $136.59 upon the following contract, viz.: “We, the undersigned citizens of Jay county, Indiana, agree to pay B. F. Fulton or his assigns the sum of one hundred twenty-five dollars, without relief from valuation or appraisement laws of the state of Indiana, to be paid in aid of the execution of the following agreement on the part of said Fulton, and as hereinafter specified: Said Fulton agrees, as soon as twenty or more subscribers have been secured hereto (averaging three to each mile along the route selected), to drill a well for gas at such place as he may select as most convenient in his judgment, and, if gas is obtained in sufficient quantity for the purpose, to pipe the same, agrees to lay a pipe line of sufficient capacity to supply all the subscribers thereto, and to a point not exceeding fifty feet from the residence of each of the subscribers hereto, and turn the gas into the same, subject to the free use of gas therefrom for so long a term as said well continues to produce gas in sufficient quantity to supply the subscribers hereto, for lights and fuel in one dwelling, and for use under feed cooker for stock, and yard lights, if desired: provided, however, that yard lights must be inclosed in glass cage, as stipulated by the laws of the state of Indiana. B. F. Fulton agrees to limit the number of consumers on said well to one hundred, and to confine and retain the product of said well for the exclusive use and benefit of not exceeding the equivalent of one hundred consumers, and to look after and keep said well and pipe lines in as good condition and repair as possible (natural wear and tear excepted). Said Fulton also agrees that, in case of failure of gas in this well, that the pipe lines shall remain as a permanent plant, and to furnish gas through same to the subscribers hereto for a sum not exceeding twenty-five dollars per annum each, or will join with the subscribers hereto in the drilling of a new well. Now, when said Fulton or his assigns shall have drilled the well (under this agreement) to a sufficient depth to test the presence of gas, we, the undersigned subscribers, each agree to pay said Fulton the sum of one hundred twenty-five dollars, as follows, viz.: Thirty-five ($35) dollars cash, and when said pipe line has been laid, and the gas turned into same, subject to our use therefrom, to issue our notes for the balance in three equal amounts of thirty-five dollars each, payable in eight months, sixteen months, and twenty-four months, respectively, in bank, with eight per cent. interest from date, and approved security, in said notes to provide that the gas privilege for which they are given in settlement shall not pass nor rest in the maker until the same shall have been paid for in full, and that said Fulton may cut off the supply of gas from and dispossess the makers of the notes from the benefits and use of gas, if the provisions of said notes are not complied with, unless payment of same is otherwise satisfactorily arranged therefor.” The errors assigned in this court are as follows: (1) “The complaint does not state facts sufficient to constitute a cause of action;” (2) “the court erred in overruling the demurrer to the complaint;” (3) “the court erred in sustaining the demurrer...