UDALL, Justice.
This action arose upon a written contract wherein appellee agreed to drill a well on the premises of appellant. The terms of the contract provided that the driller be paid $4 per foot for drilling and inserting an eight-inch casing in the well. The driller assumed no liability for discovering water. It was further provided that if no water of sufficient quantity to justify the operation of the well were discovered at the 200-foot level the parties...
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