Barrett

This is an action to recover damages for breach of contract. It is alleged in the complaint that on the fourth day of February, 1890, plaintiff and defendant entered into a written contract, a copy of which is set out, for the boring of a well on plaintiff’s land; that plaintiff complied with all the conditions of the contract to be performed on his part, and in pursuance thereof furnished the materials and supplies provided for of the value of $1,000; and the defendant failed and refused to comply with any of the conditions to be performed on his part, and that, by reason of such failure and refusal, plaintiff had been damaged in the sum of $1,000, for which he asked judgment. By the contract the plaintiff bound himself “to furnish all the tubing and casing at his own expense; also all necessary fuel for the use of the engine, and all the casing clay needed in the boring of a certain well, now commenced and sunk about one hundred and forty feet, on the following described land,” etc.; “also to board and furnish house room for the men— three in number—employed in boring said well”;'“also to pay to the party of the second part (defendant) seventy cents per foot in depth, commencing…