Riggle v. Jackson

NOURSE, P. J.

Plaintiff sued for damages for the alleged wrongful attachments of personal property used by him in drilling an oil-well. The defendants are the sheriff, his bondsman, and the attaching plaintiff. The cause was tried without a jury and resulted in a judgment for all defendants. The plaintiff appeals on a bill of exceptions.

Behr and White entered into a contract with plaintiff wherein the latter agreed to drill a well for oil and the former agreed to furnish plaintiff a derrick, engine and other necessary equipment to be used in the work. As a part of the agreement Behr and White undertook to pay plaintiff $250 a day as damages for each day’s delay in the drilling operations caused by them, such sum to cover the value of the use of such personal property. Suit was commenced by one Moore against Behr and White to recover the purchase price of this personal property and out of that suit issued the writs of attachment which the sheriff served upon this plaintiff and which are the bases of this action for damages. The trial court found that the several writs of attachment were duly and regularly served; that by reason of such attachments the drilling operations were delayed approximately nine days; that the damages to plaintiff because of such delay were $150 a day; that the plaintiff was actually paid by Behr and White the sum of $250 for each day to cover such damage.

On this appeal the appellant’s chief attack is on the attachment proceedings. In support of the judgment the respondents defend these proceedings and also insist that appellant has suffered no damage. Because of our view on the latter point it is unnecessary to consider the questions relating to the attachment proceedings.

The respondents put in evidence the written contract between appellant and Behr and White for the purpose of showing the agreement of the latter to pay appellant damages for any delay caused by them. The contract was competent evidence of this agreement and the evidence was material to the issue respondents sought to prove. This proof was followed by the uncontradicted proof of these

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facts—that appellant’s damages amounted to hut $150 a day; that the delay was caused by the fault of Behr and White; and that they had actually paid appellant the sum of $250 for each day his operations were suspended. Upon this evidence the trial court found that the appellant was fully compensated for all loss sustained by reason of any delay caused by said attachments.