Thiem v. Thomas

The question before us is whether certain language in a well-drilling contract can be construed as a guarantee that the contractor will establish a water-producing well as a condition precedent to receiving payment for his services.

The plaintiff, a well-drilling contractor, brought this action to recover the contract price for drilling a well hole on the defendant’s land. The defendant claims that he has no obligation to compensate the plaintiff because the well hole did not produce water. Trial to the court resulted in a verdict for the defendant. The plaintiff moved to set aside the verdict…