Hot Springs Ry. Co. v. Maher
Supreme Court of Arkansas
APPEAL from Saline Circuit Court. Hon. J. B. Wood, Judge. The contract sued on in this cause is too clear and plain to be in the least ambiguous ; and by its terms the plaintiff is at once precluded from claiming that there was any other or outside understanding, or that the estimate or classification of work done is greater or different than that made by French.
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APPEAL from Saline Circuit Court. Hon. J. B. Wood, Judge. The contract sued on in this cause is too clear and plain to be in the least ambiguous ; and by its terms the plaintiff is at once precluded from claiming that there was any other or outside understanding, or that the estimate or classification of work done is greater or different than that made by French. The contract in that respect is unmistakable; only one conclusion can be arrived at, and that is absolutely a certain one, and in the words of the contract, as follows : “ It is mutually agreed, by and between the parties hereunto,…
1Opinion of the CourtBattle, J.
This action is founded on a contract made an(l entered into by the defendant, the Hot Springs Railroad company, as the party of the first part, and the plaintiff, P. J. Maher, as the party of the second part, in which they agree as follows :
Contracts of^rélree! Susive!011’
“ That for and in consideration of the payments hereinafter stipulated, to be well and truly made by the party of the first part, the party of the second part hereby agrees that he will build, or cause to be built, construct and grade a certain portion of the proposed change or alteration of the line of the Hot Springs…
2Cases cited2 opinions
- Kihlberg v. United StatesSupreme Court of the United States · 1878
- Sweeney v. United StatesSupreme Court of the United States · 1884
3Cited by26 opinions
- Smith v. Faris-Kesl Construction Co.Idaho Supreme Court · 1915
- State Highway Department v. MacDougald Construction Co.Supreme Court of Georgia · 1939
- Hanley v. WalkerMichigan Supreme Court · 1890
- Wortman v. KleinschmidtMontana Supreme Court · 1892
- Boston Store v. SchleuterSupreme Court of Arkansas · 1908
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