Oliver Construction Co. v. Erbacher
Supreme Court of Arkansas
Appeal from Faulkner Circuit Court; George W. Clark, Judge; 1. In the contract between the appellant and Rich, the former agreed to assume the payment of bills owed by the latter for work, labor and material. It did not obligate appellant to pay debts of a different nature.
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Appeal from Faulkner Circuit Court; George W. Clark, Judge; 1. In the contract between the appellant and Rich, the former agreed to assume the payment of bills owed by the latter for work, labor and material. It did not obligate appellant to pay debts of a different nature. Before appellees could recover under this contract, they must show by the contract itself that the parties at the time of its execution had appellees in contemplation, and intended a direct benefit to appellees by virtue of the agreement. 121 Ark. 414; 128 Id. 149; 101 Id. 223. 2. Appellees failed to establish a valid oral…
1Opinion of the CourtHumphreys, J.
This suit was commenced by appellees against appellant in a magistrate’s court in Cadron Township, Faulkner County, Arkansas, to recover the sum of $181 for meat furnished by appellees to J. F. Rich, a subcontractor under appellant, which had a contract with the Conway-Damascus Road Improvement District to construct a road from Conway to Damascus- and had given a bond under the provisions of Act No. 466 of the General Assembly of the State of Arkansas approved June 2,1911. (Gen. Acts 1911, p. 462).
Under the allegations of the complaint filed before the justice of the peace it was sought to…
2Cases cited5 opinions
- Latham v. First National BankSupreme Court of Arkansas · 1909
- Pierce v. FiorettiSupreme Court of Arkansas · 1919
- Liddell v. SahlineSupreme Court of Arkansas · 1891
- Wilson v. ShockleeSupreme Court of Arkansas · 1910
- Wales-Riggs Plantations v. GroomsSupreme Court of Arkansas · 1918
3Cited by6 opinions
- Franzen v. Southern Surety Co.Wyoming Supreme Court · 1926
- Ozark Mutual Life Association v. DillardSupreme Court of Arkansas · 1925
- Holcomb v. American Surety CompanySupreme Court of Arkansas · 1931
- Pierce Oil Corporation v. ParkerSupreme Court of Arkansas · 1925
- Anderson-Tully Co. v. Gillett Lumber Co.Supreme Court of Arkansas · 1922
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