Davis v. Merrick

CARMODY, Justice.

Plaintiffs brought suit on an account arising out of an oral contract for drilling, equipping and reworking certain water wells. The' judgment of the trial court awarded the plaintiffs a less amount than sued for, and both parties appeal., The questions involved relate to (1) whether a well driller can recover for work done without producing water absent an agreement to so produce; (2) whether action by owner preventing completion of work of setting a pump because of dissatisfaction warrants relief from payment for work already done; and (3) the power of the court to alter or…