Richison v. Mead
South Dakota Supreme Court
Appeal from circuit court, Moody county. Hon. Joseph W. Jones, Judge. Action by Scott and G-. L. Riclaison, co-partners as Richison Bros.,-against John H. Mead, to recover' for services in drilling and sinking a well. Judgment for plaintiffs, and defendant appeals. The facts are stated in the- opinion. Under the contract the parties.were to agree upon the sufficiency of the water obtained and the defendant was to be satisfied with the supply furnished.
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Appeal from circuit court, Moody county. Hon. Joseph W. Jones, Judge. Action by Scott and G-. L. Riclaison, co-partners as Richison Bros.,-against John H. Mead, to recover' for services in drilling and sinking a well. Judgment for plaintiffs, and defendant appeals. The facts are stated in the- opinion. Under the contract the parties.were to agree upon the sufficiency of the water obtained and the defendant was to be satisfied with the supply furnished. The defendant never was satisfied and the plaintiff therefore forfeited his rights to compensation. Trainer v. Wouman, 24 N. W. 297; Railroad…
1Opinion of the CourtCorson, P. J.
This was an action to recover a balance alleged to be due plaintiffs for drilling and sinking a well on the farm of the defendant. Verdict and judgment for the plaintiffs, and defendant appeals.
The well seems to have been drilled under an oral contract betwen the plaintiffs and the defendant, and there is a conflict in the evidence as to the precise nature of the contract, both as to the character of the well to be drilled, the quantity of water it should furnish, and the price per foot to be paid for sinking the same. No useful purpose would be sub-served by an attempt to reproduce this…
2Cases cited10 opinions
- City of Brooklyn v. . Brooklyn City R.R. Co.New York Court of Appeals · 1872
- Duplex Safety Boiler Co. v. . GardenNew York Court of Appeals · 1886
- Hawkins v. GrahamMassachusetts Supreme Judicial Court · 1889
- Keeler v. CliffordIllinois Supreme Court · 1897
- Doll v. . NobleNew York Court of Appeals · 1889
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3Cited by11 opinions
- Schliess v. City of Grand RapidsMichigan Supreme Court · 1902
- Anderson v. Frye & BruhnWashington Supreme Court · 1912
- Arkansas Valley Town & Land Co. v. Atchison, T. & S. F. Ry. Co.Supreme Court of Oklahoma · 1915
- Bryan Elevator Co. v. LawCalifornia Court of Appeal · 1916
- Comeau v. HurleySouth Dakota Supreme Court · 1908
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