Star Drilling MacHine Co. v. Henry Cowell Lime & Cement Co.

Good Law
1924 Cal. App. LEXIS 319·68 Cal. App. 722·230 P. 174
Court of Appeal of CaliforniaSeptember 22, 1924Civ. No. 4837.California804 words

Opinion

Lead Opinion

Tyler, J.

Action to recover the sum of $636.80 for a certain machine used in the boring of wells.

Defendant corporation was engaged in drilling for water on premises owned by it in Contra Costa County. As the well went down it became necessary to purchase what is known as an under-reamer, which is a machine or bit inserted in the well for the purpose of reaming out the sides of the hole underneath the pipe so as to permit of its insertion. The managing agent of defendant company, A. N. George, dispatched a letter to plaintiff corporation asking for prices and information concerning a tool of this character. Upon receipt of the request one Gilchrist, the sales agent of plaintiff, visited the defendant company and discussed the matter with its agent. It developed during such discussion that defendant company was using 12-inch stovepipe casing in the well that was being drilled. Gilchrist informed George that in his opinion an under-reamer could not be used in that character of casing. The parties ascertained this to be so, and the matter of ordering the machine was deferred until it could be determined what kind of pipe was available. Mr. Gilchrist was instructed to obtain this information…

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