City of Alamosa v. Holbert

Deeehdaht in error, herein referred to as plaintiff, brought suit against plaintiff in error, herein designated as defendant, or the city, on a written contract for the sinking of an artesian well. Trial to the court without a jury, judgment for plaintiff, and defendant brings the case here.

The contract was entered into February 6, 1924, and contained the following, among other provisions:

“Unforeseen difficulties — No claim. — The contractor agrees that he will sustain all losses or damages arising from the action of the elements, the nature of the work to be done under the contract and…