Council v. Teal

On August 30, 1900, H. E. Teal and M. B. Council entered into a written contract under the terms of which the former was to drill an artesian well on the farm of the latter, commencing with casing four and one half inches in diameter and finishing with casing as large as practicable, the work to be commenced as near the first of October as practicable and to be pushed to completion as fast as practicable. It was stipulated in this contract that Teal did not guarantee the well “to flow above the surface,” but was to be paid “one dollar per foot for the depth of well drilled,” and that Council…