Dyess v. Weems

GLADNEY, Judge.

The plaintiff, H. Z. Dyess, engaged in the business of drilling water wells, brought this suit for the recovery of the cost of drilling and completing a water well on the homesite of Floyd T. Weems, the defendant. From a judgment rejecting his demands plaintiff has appealed.

The parties entered into this contract by telephone and none of its terms were reduced to writing. However, the dispute which has arisen relates solely to the quality of the water produced by the well which was completed on May 4, 1962. After securing an analysis of the water, disclosing it as unsuitable for…