Plunkett v. Winchester
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court; F. GuyFulk, Judge; statement by the court. This suit was brought by appellees for the balance due for work done in the construction of a house on lot 1, 'block 7, Plunkett’s Second Addition to the city of Little Rock.
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Appeal from Pulaski Circuit Court; F. GuyFulk, Judge; statement by the court. This suit was brought by appellees for the balance due for work done in the construction of a house on lot 1, 'block 7, Plunkett’s Second Addition to the city of Little Rock. It was alleged that under a contract made on the 22d day of June, 1908, the plaintiffs agreed to erect a building on lot 1, block 7, of Plunkett’s Second Addition to the city of Little Rock, Ark., for the total sum of $938; that they did work u-pon the building to the amount of $450 and were to be paid part in money and part in lots, towit:…
1Opinion of the Court
Kirby, J.,
(after stating the facts). It is insisted, first, that the court erred in refusing to transfer the case to the chancery-court ; and, second, in instructing the verdict.
The suit was not brought upon the contract, and no relief was asked under its terms. The complaint stated a cause of action cognizable at law, and the court committed no error in overruling the demurrer. Neither was there error committed in overruling the motion to transfer made upon the filing of the answer, which asked for no equitable relief.
No motion to transfer was made upon the filing of the amended answer and…
2Cases cited3 opinions
- McMurray v. BrownSupreme Court of the United States · 1876
- Eastern Arkansas Hedge Fence Co. v. TannerSupreme Court of Arkansas · 1899
- Wright v. MorrisSupreme Court of Arkansas · 1884
3Cited by7 opinions
- Barger v. FarrellSupreme Court of Arkansas · 1986
- Beebe Construction Corp. v. Circle R Co.Ohio Court of Appeals · 1967
- Ark. Real Estate Co. v. FullertonSupreme Court of Arkansas · 1960
- Delukie v. American Petroleum CompanySupreme Court of Arkansas · 1926
- Delukie v. American Petroleum CompanySupreme Court of Arkansas · 1926
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