Regoli

Plaintiff sued defendant for the breach of a written contract whereby it is alleged the latter, for a specified sum per foot, agreed to bore a well on plaintiff’s land in section 22, to a depth of 250 feet. Defendant denied the allegations of the complaint essential to plaintiff’s recovery, and, by a separate pleading, alleged the making of an. oral contract with plaintiff to bore a well on land other than that owned by plaintiff in section 22, for which plaintiff agreed to pay him the reasonable value of his services, alleged to he $350, and upon which defendant admitted the payment of $150.

The court found that plaintiff and defendant entered into a written contract, copy of which was attached to the complaint, under which it was plaintiff’s duty to designate a point on the northeast quarter of said section, in which plaintiff held a qualified interest and to which the contract related, as the place where defendant should bore said well; but that plaintiff never at any time designated such point where defendant should bore the well, which fact rendered it impossible for defendant to perform his said contract. The court further found as a fact that defendant, at the special…