Nevada County Bank v. Sullivan
Supreme Court of Arkansas
Appeal from Nevada Chancery 'Court; J. D. Shaver, Chancellor; 1. The delay was inexcusable and the damages were liquidated at $10 per day. Where parties by the terms of their agreement expressly provide whether the damages shall be liquidated or unliquidated, they will be so construed by the courts. 13 Cyc. 94, and note 35; 56 N. E. 892; 14 App.
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Appeal from Nevada Chancery 'Court; J. D. Shaver, Chancellor; 1. The delay was inexcusable and the damages were liquidated at $10 per day. Where parties by the terms of their agreement expressly provide whether the damages shall be liquidated or unliquidated, they will be so construed by the courts. 13 Cyc. 94, and note 35; 56 N. E. 892; 14 App. D. €. 180; 183 U. S. 662, 46 L. Ed. 378; 183 U. S. 661; 20 N. E. 504. The contract says liquidated damages and the intention of the parties govern; 30 S. W. 560. 2. Appellant was entitled to the cost of correcting defects in the cornice. 97 Ark. 278;…
1Opinion of the CourtSmith, J.
On May 1, 1912, appellee entered into a ■written 'contract with the building committee of the Nevada County Bank by which he agreed to tear down and clear away the debris of its old building and construct, according to plans .and specifications therefor, a new two-story brick building for the sum of $10,000, payable on estimates of the architect every two weeks in such sum as would not exceed 90 per cent of the value of labor and material furnished since the last preceding estimate, except that the final estimate should be for the balance due under the contract.
The contract provided that the…
2Cases cited14 opinions
- Nilson v. JonesboroSupreme Court of Arkansas · 1893
- Cox v. SmithSupreme Court of Arkansas · 1910
- Harrison v. NortonSupreme Court of Arkansas · 1912
- Glasscock v. RosengrantSupreme Court of Arkansas · 1892
- Young v. GautSupreme Court of Arkansas · 1901
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3Cited by3 opinions
- East Arkansas Lumber Co. v. SwinkSupreme Court of Arkansas · 1917
- Kelley Trust Co. v. ZenorSupreme Court of Arkansas · 1923
- Moore v. BraselSupreme Court of Arkansas · 1934