Falls City Construction Co. v. Boardman
Supreme Court of Arkansas
Appeal from Monroe Circuit Court; John D. DuBois, Special Judge; STATEMENT BY THE COURT. In the fall of 1911 the commissioner of public buildings for Monroe County, acting under the orders of the county court, entered into a contract with the appellant for the purpose of erecting a courthouse at Clarendon. The proposed contract had been approved by the attorney for the county, and had been signed by the commissioner for the county.
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Appeal from Monroe Circuit Court; John D. DuBois, Special Judge; STATEMENT BY THE COURT. In the fall of 1911 the commissioner of public buildings for Monroe County, acting under the orders of the county court, entered into a contract with the appellant for the purpose of erecting a courthouse at Clarendon. The proposed contract had been approved by the attorney for the county, and had been signed by the commissioner for the county. It contained the following clause: “It is agreed that this contract shall not be binding upon the contractor until approved at the discretion of its attorney in…
1Opinion of the Court
Wood, J.,
(after stating tbe facts). Tbe court erred in bolding that tbe instrument sued on was only an offer of guaranty. In 20 Cyc. p. 1407, III, it is said: “Both tbe English and American cases bold generally that tbe rule requiring notice by tbe guarantee of bis acceptance of tbe guaranty applies only where tbe guaranty is in legal effect an offer or proposal. Where tbe transaction is not merely an offer to guaranty tbe payment of debts and amounts to a direct promise of guaranty, all that is necessary to make the promise binding is that the promisee should act upon it; he need not notify…
2Cases cited5 opinions
- Davis v. WellsSupreme Court of the United States · 1881
- Douglass and Others v. Reynolds and OthersSupreme Court of the United States · 1833
- McCarroll v. Red Diamond Clothing Co.Supreme Court of Arkansas · 1912
- McCollum v. CushingSupreme Court of Arkansas · 1861
- Stewart v. Sharp County BankSupreme Court of Arkansas · 1903
3Cited by5 opinions
- Beeson v. LaVasqueSupreme Court of Arkansas · 1920
- Ouachita Valley Bank v. DemotteSupreme Court of Arkansas · 1927
- Wall v. EcclesUtah Supreme Court · 1922
- Arkadelphia Milling Co. v. GoddardSupreme Court of Arkansas · 1928
- Murphy v. Continental Supply Co.Supreme Court of Arkansas · 1933