Wilson v. Gonder

The opinion of the court was delivered by

Johnston, C. J.:

William Wilson sued M. D. Gonder upon a claim for drilling a well, installing a pump in it and erecting a tower and windmill over it, on a tract of land then owned by Gonder. The only part of the claim in dispute was the item of $120 for the tower. That the tower was furnished and erected was conceded. Defendant says he told plaintiff he preferred a wood tower, but that plaintiff had insisted that the steel one was preferable, and that it could be erected sooner. It was agreed he said that a steel tower might be erected, but that if it…