Jones v. Gaines
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Fort Smith District; Daniel Hon, Judge; Sureties are bound only in the manner and to the extent provided in the obligation. 86 111. 78; 71 Ark. 199; 66 Ark. 287. Contracts of suretyship are construed strictly in favor of the surety. 73 Ark. 473; 59 Mo. App. 44; 82 Ark. 592; 65 Ark. 550; 9 Wheat. 680; 92 Ind. 240; 47 Am. R. 140; 29 Kans. 487. Recovery in an amicable action is not evidence against a surety. 4 Pa.
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Appeal from Sebastian Circuit Court, Fort Smith District; Daniel Hon, Judge; Sureties are bound only in the manner and to the extent provided in the obligation. 86 111. 78; 71 Ark. 199; 66 Ark. 287. Contracts of suretyship are construed strictly in favor of the surety. 73 Ark. 473; 59 Mo. App. 44; 82 Ark. 592; 65 Ark. 550; 9 Wheat. 680; 92 Ind. 240; 47 Am. R. 140; 29 Kans. 487. Recovery in an amicable action is not evidence against a surety. 4 Pa. St. 348. A surety on a building contract is discharged if the principal is paid faster than the contract provides. 6 C. B. N. S. 550; 2 Keen 638.…
1Opinion of the CourtBattle, J.
On the 10th day of June, 1907, Mrs. M. S. 'Gaines and W. A. Jones entered into a contract in which Jones agreed to remodel a certain residence in accordance with the drawings and specifications prepared by W. H. Blakely, architect, which were made a part of the contract; and Gaines agreed to pay therefor $1,985 in payments and under conditions fully set forth in the specifications. Jonfes entered into a bond to Gaines in the sum of $1,000, conditioned that he would well and truly complete said building in accordance with his contract, with P. M. Claunts, J. B. Basinger and E. W. Gentry, as…
2Cases cited1 opinion
- Wilkerson v. Crescent InsuranceSupreme Court of Arkansas · 1897
3Cited by4 opinions
- Rynes v. StateSupreme Court of Arkansas · 1911
- Mangrum v. BentonSupreme Court of Arkansas · 1937
- Gazette Publishing Company v. StephensSupreme Court of Arkansas · 1940
- Province v. DeanSupreme Court of Arkansas · 1954