Payne v. McRay Brothers

BLACKBIRD, Justice.

In the action involved here, defendants in error, as "plaintiff”, sued plaintiffs in error, as defendants, to recover judgment for the oral contract price of drilling a water well on rental property belonging to said defendants, and for foreclosure of a mechanic’s and materialman’s lien on said property in the same amount. Our continued reference to the parties will be by their trial court designations.

Defendants admitted that plaintiff drilled the well, but defended on the ground that, under the terms of the oral contract plaintiff was to drill a well of water that was…