White v. Wheeler

MOISE, Justice.

Plaintiff-appellant sued defendant-appellee in two causes of action. In his first cause of action plaintiff alleged a parol contract to complete a well which carried an implied warranty that the work would be done in a workmanlike manner and in accordance with good engineering practices; that defendant “caused the drill bit to be broken within said well,” and that defendant breached his implied warranty by improvising “an unorthodox tool' manufactured in a crude and shoddy manner” and in using it got it stuck, thereby ruining the well.

The second cause of action alleges that…