On February $5,$ Devon entered into a written agreement with Gordon whereby Gordon agreed to drill a well on Devon's property for the sum of $$5,000$ and to complete the well on or before April $15.$ Before entering into the contract, Gordon made test borings and had satisfied himself as to the character of the subsurface. After two days of drilling, Gordon struck hard rock. On February $17,$ Gordon removed his equipment and advised Devon that the project had proved unprofitable and that he would not continue. On March $17,$ Devon went to Gor. don and told Gordon that he would assume the risk of the enterprise and would pay Gordon $$100$ for each day required to drill the well, as compensation for labor, the use of Gordon's equipment, and Gordon's services in supervising the work, provided Gordon would furnish certain special equipment designed to cut through hard rock. Gordon said that the proposal was satisfactory. The work was continued by Gordon and completed in an additional fifty$-$eight days. Upon completion of the work Devon failed to pay, and Gordon brought an action to recover $$5,800.$ Devon answered that he had never become obligated to pay $$100$ a day and filed a counter: claim for damages in the amount of $$500$ for the month delay based on an alleged breach of contract by Gorton Decision?