MIKELL v. ALLEN

No. 7640.

117 N.H. 286 (1977)

EUGENE MIKELL & THEODORE HARVEY d.b.a. M & H WELL DRILLING v. BERT J. ALLEN & FRANCES ALLEN

Supreme Court of New Hampshire.

March 31, 1977.


Attorney(s) appearing for the Case

J. Christopher McGuirk, of Portsmouth, by brief and orally, for the plaintiffs.

Boynton, Waldron, Dill & Aeschliman, of Portsmouth (Mr. Nicholas R. Aeschliman orally) for the defendants.


BOIS, J.

The defendants hired the plaintiffs to drill a well on their property. Services were to be charged for by the foot, and after more than 500 feet of drilling the plaintiffs had produced only a "dry hole." The project was abandoned and plaintiffs then presented defendants with a bill for $3,005, representing full charges for 450 feet of drilling, the plaintiff having waived any claim for the balance. Defendants refused to pay and suit was brought.

Plaintiffs...

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