Harris v. Delco Products, Inc.

The parties executed a written agreement under seal on August 10, 1938, by the terms of which the plaintiffs agreed to sink a well on the defendant’s premises at some point to be mutually agreed upon, and the defendant agreed to pay for the work at the rate of $4 per foot, and "also to furnish and water.” The only other provisions of the contract were that the well should be started with a drive pipe of a certain diameter; that it should be driven from the ground surface to ledge or bed rock and then should be continued into the rock until water was found, to a depth dictated by the…