No. 9978.

351 P.2d 543 (1960)

Margaret C. COTTRELL, as Administratrix of the Estate of Murry Cottrell, Deceased, Plaintiff and Respondent, v. Ervin WEINHEIMER, Defendant and Appellant.

Supreme Court of Montana.

Rehearing denied May 19, 1960.

Attorney(s) appearing for the Case

Leo C. Graybill, Great Falls, for appellant.

Leo C. Graybill, Great Falls, argued orally for appellant.

McKenna & Ronish, Lewistown, for respondent.

J.E. McKenna and Donald E. Ronish, Lewistown, for respondent.

HARRISON, Chief Justice.

Appeal from judgment entered upon a jury verdict in favor of the plaintiff in an action to recover payment for the drilling of a water well.

Murry Cottrell, the original plaintiff, from about 1947 followed the occupation of a well driller. Following the filing of this action and on August 3, 1955, he died and his wife as administratrix of his estate was substituted as plaintiff herein. The complaint in this cause was filed on October...

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