Capps v. Ratcliff

McGHEE, Justice.

The plaintiff and defendant entered into an oral contract whereby the plaintiff was to pull the casing in an existing water well and to deepen it with an eight inch hole until stopped by the defendant.

The plaintiff claimed that he had been stopped in his work and that under the contract the defendant was indebted to him for drilling 233 feet as follows: Five feet at $2 per foot, 100 feet at $2.50 per foot, 100 feet at $3 per foot, and 28 feet at $3.50 per foot. The plaintiff further claimed that with the knowledge and acquiescence of the defendant he performed additional…