Ameagle Contractors, Inc. v. Virginia Supply & Well Co.

Banke, Judge.

This is an appeal from a summary judgment for the plaintiff-appellee in a suit on a promissory note.

The appellant engaged the services of the appellee to provide a water supply for a mobile home park which the appellant was developing. The appellee drilled five wells for this purpose. Two of these wells did not provide sufficient water to be of any use. The other three, however, were sufficiently productive to supply the development’s needs.

The appellant was duly invoiced for the five wells and subsequently made two payments on account. Together, these payments exceeded the…