(Download) "Ronald Bradshaw v. Wayne J. Burningham" by Supreme Court Of Utah # eBook PDF Kindle ePub Free
eBook details
- Title: Ronald Bradshaw v. Wayne J. Burningham
- Author : Supreme Court Of Utah
- Release Date : January 30, 1983
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
DURHAM, Justice: The plaintiff in this action brought suit to foreclose a mechanic's lien on certain property in Washington County. The action arose out of a dispute as to money owing on a contract to drill a water well. The trial court entered judgment and a decree of foreclosure in favor of the plaintiff, from which the defendants appeal. We affirm the judgment of the trial court. On December 7, 1979, the plaintiff, a well-driller, entered into a contract to drill a water well for the defendants. The contract stated that the plaintiff would drill a well 500 feet deep and 12 inches in diameter, with 12 inch casing to the depth of the well, at a cost of $35 per foot. The agreement included a separate rate of $20 per hour for the drilling of test holes. In the event that igneous rock or bedded material was encountered and the driller was not able to drill at least 4 feet per hour, the contract stated that the driller would charge by the hour at a rate of $50 per hour. The defendants were to pay $5,000 initially and the balance on completion of the well. The contract expressly disclaimed any guarantee of the capacity of said well, nor the quality of water contained therein, if any.
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