Poynor v. Varner

GRISSOM, Chief Justice.

In a trial to the court, Varner recovered judgment against Poynor for the balance of a contract price for drilling a well. Poynor was denied recovery on his cross-action for the amount paid on the contract. Poynor has appealed.

The contract sued on provided that Var-ner was to drill the hole with due diligence and in a good and workmanlike manner. Poynor defended and filed a cross-action to recover what he had paid under the contract on the ground that Varner breached the contract because he did not drill with diligence and in a workmanlike manner, but drilled a…