Williams v. Idaho Potato Starch Co.

THOMAS, Justice.

Appellant, a well drilling contractor, entered into a written contract with respondent, dated May 31, 1949, to drill a well on a designated site; the well was intended to supply water for a potato starch processing plant of respondent. At the time the contract was executed respondent made an advance of $1000 to appellant and it was agreed that respondent would pay appellant $12 per foot on the completion of the well, in accordance with the terms of the contract, the $1000 to apply upon such sum.

The contract provided that appellant would drill a hole “sufficiently straight to…