Legal Opinion

Royal Theater Co. v. Collins

Supreme Court of Arkansas

Decided January 29, 1912PublishedCited by 11 opinions

Appeal from Pulaski Chancery Court; Judge E. Martineau, Chancellor; A contractor is not entitled to a lien for a bonus agreed to be paid for expediting the work.

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Appeal from Pulaski Chancery Court; Judge E. Martineau, Chancellor; A contractor is not entitled to a lien for a bonus agreed to be paid for expediting the work. Such sum is not for material nor. labor furnished. 59 Ark. 81; 43 Ark. 168; 54 Ark. 522; 65 Ark. 183; 71 Ark. 84. But, even if he were entitled to a lien, it could not extend further than the leasehold interest. 71 Ala. 55; 21 L. R. A. 489; 62 Id. 396. There was no privity of contact between the owner of the fee and the contractor. 59 Ark. 81. If, when a demurrer is filed, it is not insisted on at the hearing, it is abandoned. 95…

1Opinion of the CourtHart, J.

Appellee filed a complaint in the chancery court, in which he alleges that he is a contractor engaged in the construction of buildings in the city of Little Rock, and as such he contracted with the appellant, Royal Theater Company, to construct for it a certain building on a lot owned byM. B. Sanders and leased to the theater company; that, in pursuance of his contract, he furnished the material and labor, and erected said building; that on the 21st day of December, 1910, he filed a mechanic’s lien on said lot. He prays judgment for the amount sued on against both appellants, and asks that a…

2Cited by11 opinions

  1. Fine v. Dyke Bros.Supreme Court of Arkansas · 1927
  2. Shaw v. Rackensack Apartment Corp.Supreme Court of Arkansas · 1927
  3. Kirby v. YoungSupreme Court of Arkansas · 1920
  4. Cook v. MooreSupreme Court of Arkansas · 1922
  5. Rudolph v. CassidySupreme Court of Arkansas · 1956

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