58 So. 950 | Ala. Ct. App. | 1912
It is evident from the testimony of the appellee that the appellee, who is engaged in the business of drilling wells, made a contract with the appellant, who is a farmer, to drill him a well on his farm, for the drilling of which he was to be paid 50 cents for each foot drilled through sand or clay, and $¡1.50 for each foot drilled through rock. It is also evident that the appellee contracted to continue drilling the
Whenever there is any doubt about the true construction to be placed upon a contract, the acts of the parties with reference to it may be looked to for the purpose of ascertaining how they, themselves, construed it, for, after all, a contract is but the thing about which the parties themselves agree. This contract was made by a farmer residing, not in an arid state where water trickling through a rock in an amount sufficient to cause a flow of 3\ gallons per hour may be regarded as a thing of value, but in Alabama, where the water supply is abundant and where so small a flow cannot possibly have any value. When this water was reached, the appellee does not claim in his testimony that he then claimed that hé had complied with his contract, but continued as if no water had in fact
We have discussed this case upon the evidence of the appellee alone. The appellee, in many material parts of his testimony, was contradicted by the appellant and by two disinterested witnesses. In our opinion, the evidence in this case plainly and palpably fails to support the verdict. The appellee may have made an improvident bargain, but the evidence plainly and palpably shows that he violated his own contract, and that he is not entitled to recover.—Borden & Co. v. Vinegar Bend Lumber Co., 2 Ala. App. 354, 56 South. 775.
The judgment of the court below is reversed and the case remanded.
Reversed and remanded.