COKELET v. PHILPOTT

No. 32072.

40 Wn.2d 642 (1952)

245 P.2d 469

EDWARD F. COKELET et al., Respondents, v. T.G. PHILPOTT et al., Appellants.

The Supreme Court of Washington, Department One.

June 19, 1952.


Attorney(s) appearing for the Case

Ray R. Greenwood and Frank A. Shiers, for appellants.

Garland & Garland, for respondents.


MALLERY, J.

The plaintiffs entered into a written contract with the defendant well drillers for a well and casing not to exceed three hundred feet in depth, to be paid for at the rate of six dollars per foot. The defendants did not guarantee to procure water.

Pursuant to the contract, the defendants commenced drilling operations. At a little over one hundred feet in depth, an insufficient supply of water was encountered. They went on down to two hundred eight...

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