Moore v. Kennedy

GARRETT, Presiding Judge, Section B.

Richard Kennedy, the appellee, brought this suit against Alfred Moore, the appellant, for recovery of damages on a breach of contract to furnish casing for a well which the appellee had agreed to drill for the appellant at a stipulated price, to be paid one-half on the completion of the well and the balance in a deferred payment. Plaintiff, who is the appellee, set out in his petition the contract as follows: “Defendant employed and hired plaintiff to dig and drill a well for the use and benefit of defendant upon land then owned by the defendant in Tom…