Hein v. Fox

MR. JUSTICE FREEBOURN:

Clarence J. Hein sued John R. Fox for Fox’ failure to finish drilling a well for water as agreed under the terms of a written contract. Trial by jury resulted in a verdict for Hein for $1,000. A new trial was ordered in the district court and from such order Hein appeals.

The complaint alleges and the answer admits: That “on or about the 6th day of February, 1950, the plaintiff and defendant entered into an agreement, ’ ’ which was in writing and signed by plaintiff and defendant, “whereby the defendant agreed to drill and develop a well six (6) inches in diameter * * *…