Hinton v. Stanton
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Fort Smith District; Daniel Hon, Judge; STATEMENT BY THE COURT. Appellant was the plaintiff below, and alleged in her complaint that she entered into a contract with Gr. W. Norris, a contractor, on the 8th day of January, 1912, whereby he agreed to build her a residence. It was alleged that appellee became surety for Norris upon the bond given by him for the performance of his contract.
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Appeal from Sebastian Circuit Court, Fort Smith District; Daniel Hon, Judge; STATEMENT BY THE COURT. Appellant was the plaintiff below, and alleged in her complaint that she entered into a contract with Gr. W. Norris, a contractor, on the 8th day of January, 1912, whereby he agreed to build her a residence. It was alleged that appellee became surety for Norris upon the bond given by him for the performance of his contract. That under the terms of this contract Norris agreed to build the house for the sum of $3,165. Of this sum, $193 was for extra work, which was later agreed.to by the…
1Opinion of the Court
Smith, J.,
(after stating the facts). The instructions to the jury assumed that material changes had been made and practically directed a verdict for the defendant, unless the jury found the fact to be that appellee had consented to the changes which were made. For instance instruction No.-2, given on the motion of appellant, read as follows: “If you find from the evidence that the plaintiff and the contractor, Gr. W. Norris, changed the plan and added the porte cochere after W. A. Stanton signed the bond, which made a difference of $158.50 ih the cost of the house, then the court tells you…
2Cases cited10 opinions
- Smith v. . MollesonNew York Court of Appeals · 1896
- Cowles v. United States Fidelity & Guaranty Co.Washington Supreme Court · 1903
- Dorsey v. McGeeNebraska Supreme Court · 1890
- Creel v. CordonCourt of Appeals of Texas · 1906
- Eureka Stone Co. v. First Christian ChurchSupreme Court of Arkansas · 1908
5 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Lamson v. Maryland Casualty Co.Supreme Court of Iowa · 1923
- Sweeney v. CarterCourt of Appeals of Tennessee · 1939
- Milavetz v. ObergSupreme Court of Minnesota · 1917
- State ex rel. Interstate Public Service Co. v. LundIndiana Court of Appeals · 1923
- Hinton v. StantonSupreme Court of Arkansas · 1915
2 more not listed; retrieve them via the Exa API.