The Spring Well Drilling Company entered into a contract with Towne Construction Company to drill a well to supply water to a particular piece of property where Towne was building a house. Spring Well offered no guarantee that water would, in fact, be produced. The drilling proceeded, but no water fl owed.
Towne refused to pay on the grounds that there was a failure of consideration. Spring Well sued to collect the agreed fee. Will Spring Well succeed in the suit?