Smith v. Baldwin

FOSTER, Justice.

This is a suit by appellee against appellant on the common counts, naming them all except for money had and received, but including that of an “account.”

The basis ‘of plaintiff’s claim is that he made a contract with defendant to drill a well on plaintiff’s land, to furnish the labor and material including a cast iron pipe casing extending to marl or rock, and a galvanized pipe inside the casing extending to the bottom of’the well.

After the well was completed, defendant claimed to have drilled it three hundred one and four-tenths feet, and made claim for that amount at the…