110 Iowa 588 | Iowa | 1900
II. The contract under which the well was sunk is as-follows:
2 “The undersigned hereby employs Geo-. W. Meader, of Sibley, Iowa, to drill a well upon the following described premises, to-wit :* * * quarter, Sec. 11, township 99, 41, state of Iowa, and agree to- pay therefor the price as follows: Tor the first one hundred feet, seventy-five cents per foot; for the second one hundred feet, one dollar per foot; and for the balance, twenty-five cents per foot additional for each additional one hundred feet. It is understood and agreed that, in addition to the foregoing prices, the undersigned agrees to pay for all casing necessary to be- used in said well. It is further agreed that the- said Geo. W. Meader guarantees to obtain a reasonable supply of water in the well, and the supply tp- be determined by a test- of thirty days’ use thereof and therefrom by the undersigned; and, at the expiration of said thirty days after the completion of the drilling thereof, a reasonable supply of water has been obtained, then the undersigned agree- to make payment to the-said Geo. W. Meader, at Sibley, Iowa, the sum of money which will then be due in accordance with the aforesaid prices. It is distinctly understood that the undersigned is to furnish the casing at his own proper expense, and should the above-mentioned supply of water not be obtained, and the well be abandoned by the said Geo-. W. Meader for the reason of being unable to obtain water, then and in such case the said Geo. W. Meader forfeits the labor of the drilling, but not the price of the casing. It is also- agreed that use of the well for more than thirty days without giving written notice to said Meader of lack of water shall be conclusive proof of a proper and reasonable supply. It is further agreed that the*591 undersigned is to pay tbe said Header tbe sum of --■ in addition, to the above prices for the setting over and continuing an old well. This agreement not binding unless approved by said Geo. W. Header in writing hereon. Well casing is to be thirty-four cents per foot; Dated this 4th day of July,. 1895.
[Signed] II. B. Allen.
“Approved, Geo. W. Header.”