Barnes v. Selvage

CATES, Judge.

Selvage, a well driller, sued Barnes on. common counts for (1) work and labor, and (2) account, and got a verdict and. judgment for $800.

The trial was on the traversed complaint and Barnes’s special plea which set up the terms of a contract for the well, concluding that Barnes was not thereby required to furnish pipe to case off gas and that Selvage had not (as he agreed) drilled “a well of lasting, potable water of sufficient quantity that an 'electric pump could be used therein.” • ■

In July, 1957, Selvage, who by trade was a “welder following construction,” had his father, P.…