What claims and defenses does al have to the breach

Reference no: EM133347987

Case: Al and Bobbi own adjoining ranches in Bexar County, an area, where all agriculture requires irrigation. Al bought a well-drilling rig and drilled a 400-foot well from which he drew drinking water. Bobbi needed no additional irrigation water, but in January 2019, she asked Al on what terms he would drill a well near her house to supply better tasting drinking water than the city's water she has been using for years. Al said that because he had never drilled a well for hire, he would charge Betty only $10 per foot, about $1 more than his expected cost. Al said that he would drill to a maximum depth of 600 feet, which is the deepest his rig could reach. Bobbi said, "OK, if you guarantee April 1, 2019 completion." Al agreed and asked for $3000 or half in advance, with any additional further payment or refund to be made on completion. Bobbi said, "OK," and paid Al $3000.

Al started to drill on February 1, 2019. He had reached a depth of 200 feet on February 10, 2019, when his drill struck rock and broke, caving in the hole. The accident was unavoidable. It was bad luck. It had cost Al $12 per foot to drill to 200 feet. Al said he would not charge Bobbi for drilling the useless hole, but he would have to start a new well nearby and could not promise its completion before April 1, 2019.

Bobbi, annoyed by Al's failure, changed her mind and refused to let Al start another well and on April 1, 2019 she contracted with Charlie to drill a well. Charlie agreed to drill to a maximum depth of 350 feet for $3,500, which Bobbi paid in all in advance, but Charlie could not start drilling until July 1, 2019. He completed drilling and struck water at 300 feet on September 30, 2019.

In June, 2019 Bobbi sued Al seeking to recover her $3000, plus the $3,500 paid to Charlie.

On June 15, 2019 the County's dam failed, thus reducing the amount of water available for irrigation. Bobbi lost her apple crop worth $15,000 in the Texas hot summer. The loss could have been avoided by pumping from Bobbi's well if it had been operational by April 1. Bobbi's amended her complaint against Al in September to add the $15,000 loss.

Question: In her suit against Al, discuss what are Bobbi's rights and damages, if any, will she recover? What claims and defenses does Al have to the breach of contract?

Reference no: EM133347987

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