Orr

The complaint contains two counts. In the first it is alleged that, pursuant to the terms of a contract between the parties, “plaintiff drilled a well to the depth of 940 feet, and that said well was drilled in a proper and skillful manner and was fully completed; . . . that said well . . . was received and accepted by said defendant”; that the defendant became indebted to the plaintiff in the sum of $400 “for the moving of the well-rigging rig onto said property” and in the further sum of $367.50 “for the perforating and finishing up of said well.” In the second count it is alleged that the defendant is indebted to the-plaintiff in the sum of $2,364.72 for “work and labor done, . . . for material furnished, . . . and for money advanced. ’ ’

The answer denies, among other things, that the well was drilled in a proper and skillful manner or that the same was ever completed or accepted. The defendant also filed a cross-complaint for damages alleged to have been caused by the plaintiff’s negligence in drilling the well.

The court gave the plaintiff judgment on the first count for the full contract price for a well 940 feet in depth and also for the amount proved on the second count…