This being a New Mexico case, the Oklahoma rule is not binding upon the court except as it may be persuasive. United States Fidelity Guaranty Co. v. Gray, 106 Okla. 222, 233 P. 731; Eysenback v. Cardinal Petroleum Co., 110 Okla. 12, 236 P. 10; Newman v. Roach, 111 Okla. 269, 239 P. 640; Okmulgee Producing and Refining Co. v. Baugh, 111 Okla. 203, 239 P. 900; Campbell v. Wood, 137 Okla. 90, 278 P. 281; Lorraine Petroleum Co. v. Bartlett, 138 Okla. 8, 280 P. 286. Olsen criticizes the Oklahoma rule and urges that the correct rule is laid down by this court in Hoffer Oil Corporation v. Carpenter, 10 Cir., 34 F.2d 589, 593.

The failure and refusal to drill the well constituted a breach of the contract, and under the law of Oklahoma the measure of damages in a case of this kind for the breach of a covenant in a contract to drill a well for oil and gas is the reasonable cost of drilling the well at the time it should have been drilled. United States Fidelity Guaranty Co. v. Gray, 106 Okla. 222, 233 P. 731; Eysenback v. Cardinal Petroleum Co., 110 Okla. 12, 236 P. 10; Newman v. Roach, 111 Okla. 269, 239 P. 640; Okmulgee Producing Refining Co. v. Baugh, 111 Okla. 203, 239 P. 900; Campbell v. Wood, 137 Okla. 90, 278 P. 281; Lorraine Petroleum Co. v. Bartlett, 138 Okla. 8, 280 P. 286. The judgment is reversed and the cause remanded.