Atha is the operator of a well that has 7 non-operating working interest owners. It enters into an oral drilling contract with L & S. The owner of L & S is also a non-operating working interest owner on the well in question. While this contract is oral L & S and Atha previously executed written drilling contracts on other wells. Following the protocol of the written contracts, Atha is responsible for supervision of the site. A well blow-out occurs, leading to extensive damage to the well and clean-up costs. The trial court finds that L & S in its role as contractor is 100% liable for offsite damages and clean-up costs and 65% liable for onsite damages and clean-up costs. Held: affirmed. One of the bases for the trial court's findings is that the parties created a joint venture even though there is no written instrument.
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