Zimmerman

Defendant was the owner of a farm in Kings County, upon which he had growing, about seventy-five acres of young alfalfa. For the purpose of developing a supply of water with which, by means of a pump, to irrigate this field, he bored a twelve-inch well 250 feet in depth, with a pit wherein to install a pump. He made a contract with plaintiff whereby the latter agreed to sell, deliver, and install at this well an engine, pump, and equipment, which it guaranteed to be capable of lifting eighty inches of water, equivalent to 720 gallons per minute, provided the water in the well did not, when pumping, lower more than twenty feet beloyr the pump. The contract provided that plaintiff should not be held “liable for damage done or any trouble caused by reason of well . . . giving up sand, gravel, chips, or any substance other than clear water.” Plaintiff installed the plant in the well which defendant had prepared therefor. The action is to recover the sum of $1,082, which defendant agreed to pay for the plant, plaintiff alleging in its complaint that it had fully complied with the terms of the contract and guaranty contained therein; all of which allegations defendant in his answer…