Legal Opinion

Wiegel v. Boone

Supreme Court of Arkansas

Decided June 26, 1897PublishedCited by 4 opinions

Appeal from Pulaski Circuit Court, First Division. Robert J. Lea, Judge. The failure to pay the one-third cash as it became due was not such a breach of contract as to authorize the plaintiffs to abandon the contract and sue for a breach thereof. 44 Cal. 18; 54 id. 605; 18 111. 219; 63 Cal. 196, 205; 33 111. App. 583; 18 111. 223; 28 id. 223; 31 Pac. Rep. 4; 13 How. (U. S.) 307; 9 App.

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Appeal from Pulaski Circuit Court, First Division. Robert J. Lea, Judge. The failure to pay the one-third cash as it became due was not such a breach of contract as to authorize the plaintiffs to abandon the contract and sue for a breach thereof. 44 Cal. 18; 54 id. 605; 18 111. 219; 63 Cal. 196, 205; 33 111. App. 583; 18 111. 223; 28 id. 223; 31 Pac. Rep. 4; 13 How. (U. S.) 307; 9 App. Cas. 434; L. R. 8 Q. B. 14. Even if defendant’s refusal to pay as the work progressed justified the plaintiffs in abandoning the work, they could not, in a suit upon the express contract, recover upon an…

1Opinion of the CourtBattle, J.

This is an action upon a contract, by which W. H. Boone & Co. agreed with E. N. Wiegel to drill a well four inches in diameter, and of a sufficient depth to furnish 8,000 gallons of water every twelve hours, unless requested by Wiegel to suspend work before such depth or amount of water was obtained; and Wiegel agreed to pay therefor at the rate of $2.75 per lineal foot from top of casing to the bottom thereof, one-third in money as the well progressed, and the other two-thirds in brick after the completion of the well. Boone & Co. entered upon the performance of their contract, and when they…

2Cases cited1 opinion

  1. King v. FaistMassachusetts Supreme Judicial Court · 1894

3Cited by4 opinions

  1. Ingham Lumber Co. v. IngersollSupreme Court of Arkansas · 1910
  2. John A. Gauger & Co. v. Sawyer & Austin Lumber Co.Supreme Court of Arkansas · 1908
  3. Blackburn v. Texarkana Gas & Electric Co.Supreme Court of Arkansas · 1912
  4. Laser v. ForbesSupreme Court of Arkansas · 1912

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