Bordner v. Depler (142 Ill. App. 526, 1908)

Mr. Presiding Justice Baume

delivered the opinion of the court.

In the spring of the year 1904, the Lewistown Oil •<& Gas Company, a corporation, was organized for the purpose of prospecting for oil and gas, in the vicinity of Lewistown, Illinois. All of the available money of the corporation was expended in drilling a well upon land belonging to appellant, James B. Depler, with the result that instead of producing a flow of oil or gas, as was anticipated, the well produced an abundant flow of water, which was claimed to have some medicinal properties. Thereafter in May or June, 1905, at a meeting of the stockholders of