Barrett v. Austin

Citations

• 3 Cal. Unrep. 551
• 31 P. 3
• 1892 Cal. LEXIS 1048

Syllabus

<p>Contract to Bore Well—Abandonment of Work.—In an action on a contract for boring a well on plaintiff’s land it appeared that he agreed to furnish the casing, fuel, and board for defendant and his men “at his own expense,” and pay a certain sum when the well was completed. Defendant agreed to continue boring the well, “barring bad weather or other unavoidable hindrances,” till a certain depth was reached or impenetrable rock was encountered. When about half the agreed depth was reached, defendant’s auger broke near the lower end, and became fastened in the well. Defendant claimed he could remove the broken piece, and, after striving unsuccessfully for three weeks, plaintiff refused to furnish further fuel and board, and defendant abandoned the work. Held, that plaintiff was not entitled to recover for the value of supplies furnished defendant to the date the work was abandoned, since by the contract he was not released from furnishing them while boring was prevented by “unavoidable hindrances.”</p> <p>Contract to Bore Well—Abandonment of Work.—In such action defendant is not entitled to recover on a cross-complaint for the number of feet bored, at the contract price, since he was not prevented by plaintiff, nor by encountering impenetrable rock, from performing his contract.</p>