Cornwell

The complaint was upon a common count for $654 for labor done and material furnished in the sinking of a well by plaintiff upon defendant’s land and the judgment was in favor of plaintiff for the amount of $563, from which the appeal has been taken. Defendant denied the indebtedness and alleged that plaintiff agreed to sink the well twelve inches in diameter throughout its entire depth; that -he guaranteed to obtain a sufficient supply of water to irrigate defendant’s land and that he agreed to case the well sufficiently to prevent the same from filling up. It was further alleged by defendant that plaintiff constructed the well twelve inches in diameter, to a depth of forty-six feet only, and cased it to that depth, and then sank the well from that point only six inches in diameter, and put no casing therein; that the well was not straight, that it was insufficiently cased and that, by reason thereof, it filled up with sand and debris and was worthless. The court found against defendant as to these allegations and furthermore that plaintiff merely agreed to sink a well upon defendant’s land in a good and workmanlike manner and to install therein such well-casing as plaintiff might…