Terry v. Moore

Well-drilling contractor Bard Terry drilled a water well for rancher J. R. Moore. Sand came into the well and choked off the water several months later. Moore sued and obtained judgment in the district court against Terry for damages in the amount of $1,538.10, which was the full amount paid by Moore for drilling of the well and for the cost of the casing, pump and equipment. Terry has appealed.

In his complaint Moore claimed the right to recover on two theories. First, on the theory of a guarantee, and second, on the theory of negligence on the part of Terry in drilling and completing the…