Blackburn v. Texarkana Gas & Electric Co.
Supreme Court of Arkansas
Appeal from Miller Circuit Court; Jacob M. Carter, Judge; When the terms of a contract are ambiguous, the conduct of the parties under the contract furnishes the best guide for the interpretation thereof. 55 Ark. 414; 52 Ark. 65; 49 Ark. 129; 88 Ark. 364. It is to be construed most strongly against the party who drafted it. 73 Ark. 338; 74 Ark. 41; 90 Ark. 88. A breach by one party to a contract releases the other, and he may recover whatever is due him under the contract.…
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Appeal from Miller Circuit Court; Jacob M. Carter, Judge; When the terms of a contract are ambiguous, the conduct of the parties under the contract furnishes the best guide for the interpretation thereof. 55 Ark. 414; 52 Ark. 65; 49 Ark. 129; 88 Ark. 364. It is to be construed most strongly against the party who drafted it. 73 Ark. 338; 74 Ark. 41; 90 Ark. 88. A breach by one party to a contract releases the other, and he may recover whatever is due him under the contract. 22 Ark. 258; 38 Ark. 174; 65 Ark. 320; 67 Ark. 156; 64 Ark. 228; 79 Ark. 271; 89 Ark. 368. Readiness to perform and…
1Opinion of the CourtFrauenthal, J.
This is an action instituted by J. E. Blackburn to recover the balance which he claimed was due him for drilling a well for the defendant. In the complaint it was alleged that the well was drilled and completed in compliance with the terms of a written contract, and that defendant had accepted same and made a partial payment thereon; that thereafter a verbal agreement was made, whereby the plaintiff was to drill the well to a greater depth, and that defendant agreed to pay the cost of the labor for such additional drilling, and of certain appliances which were furnished. He claimed that there…
2Cases cited14 opinions
- United States v. BarlowSupreme Court of the United States · 1889
- Burr v. VeederNew York Supreme Court · 1829
- Vick v. ShinnSupreme Court of Arkansas · 1886
- Rector v. CollinsSupreme Court of Arkansas · 1885
- Hibbard v. KirbySupreme Court of Arkansas · 1881
9 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Ylijarvi v. BrockphalerSupreme Court of Minnesota · 1942
- Northcross v. MillerSupreme Court of Arkansas · 1931
- Andriola v. MilliganNew Mexico Supreme Court · 1948
- United States Fidelity & Guaranty Co. v. Board of Commissioners Sewer Improvement District No. 1Supreme Court of Arkansas · 1919
- Betts v. BrundidgeSupreme Court of Arkansas · 1930
4 more not listed; retrieve them via the Exa API.