Yaeger v. Long Bros. Drilling Co.

SMITH, Chief Justice.

J. E. Long (and another) sued W. H. Yaeger (and wife) to recover the contract price for drilling a water well for Yaeger on his land in Webb County. Long alleged that the original contract, in writing, required him to drill to a depth of 700 feet, if necessary to produce a “flowing well;” that reaching that depth without the desired result, it was agreed orally that he should drill further in the hope of reaching flowing water, and under that agreement he did drill further to a depth of 803 feet, without getting flowing water; that Yaeger refused to pay the agreed price…