Smith v. Patterson

This was a controversy over a verbal contract between them for the drilling of some water wells for appellant by ap-pellee, under which the former was to furnish materials and the latter do the work at a stipulated price per foot; on a trial of it before the court, sitting without a jury, the appellee was awarded damages in the sum of $323.90 as for appellant’s failure to furnish suitable material, as agreed, thereby preventing the appellee from performing the contract upon his part.

The appeal protests against the judgment on a number of grounds; the main ones being: (1) That appellant’s…