Meehan

after making the foregoing statement, delivered the opinion of the court.

Appellants claim that “the finding that plaintiffs performed the work is wholly unsustained by the evidence.” It will be observed that under the contract the three holes were to be sunk to bedrock. Counsel for appellants admit that the testimony in relation to holes 1 and 2 is clear, positive, direct, and certain. They were sunk “to bedrock.” The controversy between the parties is confined solely to hole 3. Was it sunk to bedrock ?

O. A. Nelson, one of the plaintiffs in the court below, testified, among other things, as follows: “Q. Did you do anything under that arrangement in the way of carrying out the agreement? A. I fulfilled the contract.”

It is argued that this answer was a mere conclusion of law, not constituting any legal evidence which this court should consider as tending to show the fact that the hole was sunk to bedrock. The record shows that no objection was made. by defendants to this answer as being a mere conclusion. No motion was made to strike the testimony *409 out, and no questions on cross-examination or otherwise were asked the witness by either party as to what he meant by his…