Plimpton v. Theos

Plaintiff drilled a well for the defendant and brought this action to recover the balance claimed due for the work performed. Defendant claimed that the plaintiff had agreed to drill the well for $1000 which he had paid. Plaintiff claimed he was to be paid at the rate of $6 per foot and that since the well was 700 feet deep he was entitled to $3200 in addition to the $1000 received from the defendant. The sole issue between the parties was whether the oral contract was for a flat rate of $1000 or that the well was to be paid for at the rate of $6 per foot. Trial by the Court, Loughlin, J.,…