Cokelet v. Philpott

The plaintiffs entered into a written contract with the defendant well drillers for a well and casing not to exceed three hundred feet in depth, to be paid for at the rate of six dollars per foot. The defendants did not guarantee to procure water.

Pursuant to the contract, the defendants commenced drilling operations. At a little over one hundred feet- in depth, an insufficient supply of water was encountered. They went on down to two hundred eight feet without encountering any further water supply. The parties then discussed the feasibility of perforating the casing at the depth where the…