Short v. Orland Oil Syndicate, Ltd.

PULLEN, P. J.

This appeal is from a judgment in favor of plaintiff, who filed an action upon his own behalf and as assignee of Tom Short, Raymond Taylor, William Meixner and Walter Messinger, for labor performed in drilling for oil for defendant.

The Orland Oil Syndicate, Ltd., the owner of an oil lease upon certain lands, through Mr. Chasseur, its president and manager, employed plaintiff and his assignors to drill an oil well. There is no dispute as to such employment, the time claimed, nor as to the cash actually paid these men. The dispute is as to the rate of such daily wage. Plaintiff in his complaint alleged he was employed as head driller at $11.25 per day; Tom Short also claimed $11.25 per day, and the other three men at $5.25 per day. The court found and entered judgment at the rate of $7 a day for Tom Short, as driller, and $5 a day for each of the others, crediting to each on account of this rate the money actually paid these men, which was $3 a day.

[328]

Although there is testimony to the contrary, there is ample to support the finding of the trial court and upon appeal that is sufficient.

Mr. Chasseur, as president and resident manager of the oil company, testified as follows:

“Q. What did you say to them (John and Tom Short) about how much the wages would be? A. I said $3.00 a day. Q. Did you tell them that would be all they would get. A. I told them that if they were successful in bringing in a producer and that once the production was sold we would give them an additional $2.00 a day as a bonus; if the production was sold, and the driller would get $4.00.”

John Short testified: “A. The conversation (between the witness and Chasseur) was we were to have part money each month we worked and to wait on him a reasonable time for the balance. ... A. He wanted to pay $3.00 in cash and wait for the balance,' and I told him we ought to have at least $5.00 and wait for the balance. Q. And you finally agreed on $3.00? A. Agreed on $3.00. Q. How long were you going to .wait? A. To give him a reasonable time. . . . Q. . . . Was anything said at all about bringing in a well and selling the production as it might reflect upon your salary or wages? A. Nothing.”