Hinton v. Stanton
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Fort, Smith District; Paul Little, Judge; 1. Under the law as declared by the Supreme Court, and under the facts in this second trial, the court should have directed a verdict for the plaintiff. 112 Ark. 207. This court said that the case should be submitted to a ¿jury on the one question as to the “porte cochere.” “Extra work” refers to additional work, and not to work -contemplated in the contract.
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Appeal from Sebastian Circuit Court, Fort, Smith District; Paul Little, Judge; 1. Under the law as declared by the Supreme Court, and under the facts in this second trial, the court should have directed a verdict for the plaintiff. 112 Ark. 207. This court said that the case should be submitted to a ¿jury on the one question as to the “porte cochere.” “Extra work” refers to additional work, and not to work -contemplated in the contract. Extra work may be agreed upon without any change or alteration in the contract itself. 125 (Oregon) Pac. 298; 142 N. Y. S. 479; 133 N. W. 422 ; 81 Am. St.…
1Opinion of the Court
Smith, J. ■
This is the second appeal in this case, the opinion in the former appeal being reported in 112 Ark. 207, and reference is made to that opinion for a statement of the issues in the case.
In reversing the former judgment in this case and in remanding the cause for a new trial we said:
“But it is not necessarily the case that the porte cochere did not involve amaterial change in the builder’s contract. It was originally embraced in the plans, and was then stricken out, and after the contract had been let, was reinserted. Its cost is too great for the court to say as a matter of law that…
2Cases cited3 opinions
- Muldowney v. Ill. Cent. Ry. Co.Supreme Court of Iowa · 1873
- Brown v. StateSupreme Court of Arkansas · 1892
- Hinton v. StantonSupreme Court of Arkansas · 1914
3Cited by4 opinions
- Caldwell v. StateCourt of Appeals of Arkansas · 1980
- Sims v. Safeway Trails, Inc.Supreme Court of Arkansas · 1989
- Caldwell v. StateCourt of Appeals of Arkansas · 1980
- Sims v. Safeway Trails, Inc.Supreme Court of Arkansas · 1989