Crowder

The action was for the recovery of the sum of $2,900, claimed to be due on a contract in writing executed March 30, 1920, whereby plaintiff agreed to furnish the material and drill certain wells for defendant for the consideration and under the conditions therein specified. The judgment was in favor of plaintiff for the sum of $2,514, from which the appeal is taken.

Appellants declare: “The question that is presented on this appeal arises from the rulings of the trial court rejecting certain evidence offered by counsel for defendants, which tended to show that when the contract between plaintiff and defendants was entered into, a collateral oral agreement was entered into between them, by which the plaintiff became bound to complete its contract not later than May 1, 1920.” The importance of the ruling is disclosed by the fact that the work was not completed until July, and it is claimed by appellants that thereby they suffered great damage by reason of having been deprived of a water supply for their rice crop. It appears that appellants desired to have this limitation of time embodied in the written contract, but respondent refused to so incorporate it. However, the claim is,…