Meehan v. Nelson

Appellants claim that “the finding that plaintiffs performed the work is wholly unsustained by the evidence.” It will be observed that under the contract the three holes were to be sunk to bedrock. Counsel for appellants admit that the testimony in relation to holes 1 and 2 is clear, positive, direct, and certain. They were sunk “to bedrock.” The controversy between the parties is confined solely to hole 3. Was it sunk to bedrock ?

O. A. Nelson, one of the plaintiffs in the court below, testified, among other things, as follows: “Q. Did you do anything under that arrangement in the way of…