Augusta Oil Co., Inc. v. Watson

The opinion of the court was delivered by

Fromme, J.:

Appeal is taken from a judgment against L. A. Watson for $10,181.97. The judgment is based on services ren dered by Augusta Oil Co., Inc. in drilling two locations for oil under separate written contracts. No oil was produced.

L. A. Watson defended the action on the contracts by attempting to prove failure of performance. He also counterclaimed for damages.

In reply the plaintiff (Augusta) alleged that any failure to perform the terms of the contracts was waived by the defendant (Watson) when he accepted the two holes. The holes were drilled…