Wilson v. Fuller

CONREY, P. J.

By the findings of the court in this case the following facts appear: By agreement in writing plaintiff’s assignor, J. IT. Beck, agreed to drill a well for the defendant for which the defendant agreed to pay the sum of Í1.50 per foot for the first one hundred feet, and an increase of twenty-five cents per foot for each additional one hundred feet; one-half the contract price to be paid at the completion of each one hundred feet, “and the balance at completion of well.” The contractor agreed “to sink such well to a minimum depth of 150 feet, but in no event to exceed a maximum depth of five hundred feet.” The contract also provided that “after the minimum depth has been reached first party may stop drilling, and must stop drilling if requested by second party.” By supplementary agreement made.before the commencement of the work, it was arranged that the work should be done by Wilson under the supervision of Beck. After Wilson ceased work, as hereinafter stated, Beck assigned to Wilson all his interest in the contract.

[356]

When the well had been drilled to a depth of 174 feet Wilson ceased work thereon. The defendant failed and refused to pay to Wilson or to Beck the one-half of the contract price for the drilling of the well upon the completion of one hundred feet, and failed and refused to pay any sum of money upon the completion of the drilling of the well to said depth of 174 feet. The contract provided that in the event of default by the defendant in making any payment and the institution of suit to collect the same, defendant would pay a reasonable sum as attorney fees. It became necessary for the plaintiff to prosecute this action, and a reasonable attorney fee therein is the sum of $50. The well was properly constructed to a depth of 150 feet. By reason of the carelessness and negligence of Wilson in not carrying the casing down with the hole as the same was being drilled, sand and debris from the walls of the well filled it up twenty-four feet from the bottom, whereby the work done by Wilson in putting down the last twenty-four feet was valueless. The defendant was obliged to employ another driller, one Schütz, to complete the drilling of the well, and was obliged to pay, and did pay, Schütz the sum of $150 for moving his drilling rig and setting the same up over the said well for the drilling thereof, and for the redrilling of said well below the depth of 150 feet to 174 feet, as well as other sums paid to said Schütz for completing the well to a depth below 174 feet.