Hoppes v. Williams

• Decision Date: 04 June 1919
• Docket Number: (No. 7757.)
• Parties: HOPPES et al. v. WILLIAMS et al.
• Court: Texas Court of Appeals

213 S.W. 328

HOPPES et al. v. WILLIAMS et al.

(No. 7757.)

Court of Civil Appeals of Texas. Galveston.

June 4, 1919.

Appeal from Harris County Court; Walter E. Monteith, Judge.

Suit by W. B. Williams and another against W. J. Hoppes and another. Judgment for plaintiffs, and defendants appeal. Reversed and rendered.

Fred R. Switzer, of Houston, for appellants.

W. B. Ware, of Houston, for appellees.

LANE, J.

This suit was brought by appellees against appellants to recover the sum of $395, alleged to be due them upon an account claimed by the Bell Oil Company against appellants and which was by said company transferred to appellees. Upon trial by the court without a jury, judgment was rendered in favor of appellees for $214.10.

In their petition the plaintiffs, appellees here, alleged the existence of a certain contract between the Bell Oil Company and appellants, by the terms of which appellants agreed, for a valuable consideration, to pull the pipe from a certain well and to clean the same out. They alleged that after appellants began work under said contract and during said work the Bell Oil Company furnished them with money with which to buy fuel oil and $80 with which to purchase fishing tools, as it had contracted to do, and among other things advanced to appellants $395 on said contract to enable them to pay for labor, etc.; that thereafter appellants abandoned their contract without performance of any part thereof of value to said oil company, and that at time of such abandonment they were indebted to the oil company in the sum of $395, and that said oil company had transferred its claim against appellants to them.

Defendants answered, denying that they had breached the contract with the oil company, and averred that after they had, at a large expense, moved their machinery upon the ground for the purpose of pulling the pipe from said well and cleaning the same out as per their contract, the oil company failed and refused to furnish them with necessary tools with which to perform the work undertaken, as it had contracted to do, and thereby breached the contract to appellants' damage in a sum greater than the sum advanced to them by said oil company. They prayed that such sum be allowed as an offset to the claim of appellees.

There is no statement of facts on file in this court. Appellants rely, for a reversal of the judgment rendered by the trial court and the rendition of a judgment in their favor by this court, upon the findings of fact filed by the trial court, which are in substance as follows:

(1) That on the 24th day of May, 1916, the Bell Oil Company, a corporation, and the defendants, W. T. Hoppes and J. N. Coleman, doing business under the firm name of Hoppes & Coleman, made and entered into a written contract reading as follows:

"Know all men by these presents, that we, Hoppes & Coleman, well drillers at Humble, Texas, and the Bell Oil Company of Houston, Texas, are the parties to the within contract, witnesseth:

"That Hoppes & Coleman hereby agree and contract to clean out a well known as the Rucker well, and near the Kellersberger holdings in Humble, Texas, and to pull all four and one-half (4½) inch piping and reset four and one-half (4½) liner, provided the six (6) inch casing is good, for the sum of one thousand ($1,000.00) dollars and the work guaranteed; that is, if they don't clean out, as above stated, Hoppes & Coleman are not to charge.

"The Bell Oil Company is to furnish all supplies, cable tools, fuel oil, and fishing tools necessary, except the rig furnished by Hoppes & Coleman.

"Hoppes & Coleman further agree and contract to drill three (3) more wells to a depth of false cap rock, about 1,050 feet; but in case they do not find false cap rock, then they are to drill to a true cap rock about 1,140 feet and to set six (6) inch casing on same.

"Hoppes & Coleman hereby agree and obligate themselves that when drilling, if they should pass through as much as eight (8) feet of pay sand, then they are to have their hole in condition so that they can make a test to see if oil is produced in paying quantities; and in case oil is found in paying quantities in the discretion of the Bell Oil Company, then Hoppes & Coleman are to leave the well in good condition and to receive pay hereafter set forth for the number of feet actually drilled.

"In case gas is struck at any depth in paying quantities, and the Bell Oil Company decides to set the casing for said gas, then Hoppes & Coleman agree and contract to properly equip the well for gas and to receive pay for the number of feet that they actually drilled in said well.

"If for any reason the Bell Oil Company decides for Hoppes & Coleman not to drill to true cap rock on any well, then Hoppes & Coleman are to receive pay per foot as hereinafter stated for the number of feet actually drilled.

"Compensation.

"As a compensation to Hoppes & Coleman for drilling as above stated, the Bell Oil Company contracts and obligates itself to pay Hoppes & Coleman one ($1.25) dollar and twenty-five cents per foot for each foot drilled and twenty-five (25%) per cent. of said amount is to be paid to Hoppes & Coleman in stock at par value in the Bell Oil Company. Said stock is to be issued when drilling is completed.

"But Hoppes & Coleman are to clean out the Rucker well for one thousand ($1,000.00) dollars, seven hundred and fifty ($750.00) dollars to be paid in cash and two hundred and fifty ($250.00) dollars in stock. But Hoppes & Coleman will not charge the Bell Oil Company for cleaning out this well, unless they put it in good shape for pumping.

"The company agrees to furnish everything pertaining to the drilling and equipping of said wells, except the drilling rigs, which are to be furnished by Hoppes & Coleman and all labor for the rig.

"The Bell Oil Company agree and contract to have enough money to cover the drilling of one well deposited in the bank, sufficient to pay, before drilling, and before Hoppes & Coleman are required to begin drilling. Said money is to remain in the bank until well is completed; then it is to be turned over to Hoppes & Coleman, or enough thereof to pay them, according to the terms above set...