DAVIS v. MERRICK

No. 6591.

345 P.2d 1042 (1959)

66 N.M. 226

S.J. DAVIS and Jimmie Pearson, d/b/a Davis Pump Company, Plaintiffs-Appellants and Cross-Appellees, v. Clifford MERRICK, Defendant-Appellee and Cross-Appellant.

Supreme Court of New Mexico.

Rehearing Denied November 27, 1959.


Attorney(s) appearing for the Case

Mears & Mears, J. Fred Boone, Portales, for appellants and cross-appellees.

Jay Morgan, Portales, for appellee and cross-appellant.


CARMODY, Justice.

Plaintiffs brought suit on an account arising out of an oral contract for drilling, equipping and reworking certain water wells. The judgment of the trial court awarded the plaintiffs a less amount than sued for, and both parties appeal.

The questions involved relate to (1) whether a well driller can recover for work done without producing water absent an agreement to so produce; (2) whether action by owner preventing completion of work of...

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