Morris v. Perkins

FLANIGAN, Chief Judge.

Plaintiffs Veri Morris and Elsie Morris, husband and wife, entered into an oral agreement with defendant, a well driller, for the drilling of a well on plaintiffs’ land. After the well was drilled, plaintiffs paid defendant $3,016.79.1 Plaintiffs’ petition alleged that as part of the transaction defendant “agreed that said well would furnish an adequate supply of water for plaintiffs’ use.” The petition further alleged that the well “furnished no water whatsoever to plaintiffs,” and sought damages for breach of the agreement. The trial court, *713sitting without a jury,…