Leutheuser

Plaintiff in this action sued to recover for services alleged to have been performed for the defendant in drilling a water-well. The jury in the case found a verdict ins plaintiff’s favor, upon which judgment was entered. Motion for a new trial being denied, this appeal was taken from the judgment and also from the order denying that motion. The appeal is presented on the judgment-roll and a bill of exceptions.

In plaintiff’s complaint three alleged causes of action were set up; the first upon an express contract, the second and third for the reasonable value of work performed. At the conclusion of plaintiff’s testimony a nonsuit was granted as to the second and third causes of action. In the first cause of action it was alleged that the agreement between plaintiff and defendant was that the defendant should pay the plaintiff $2.50 per foot for drilling the well for the first three hundred feet, and fifty cents additional per foot “in every 100 feet thereafter dug”; that the exact depth of the well was not first decided upon, but that plaintiff was authorized to drill the first three hundred feet, and that the matter as to whether a greater depth in the ground should be…