Legal Opinion

Long v. Chas. T. Abeles & Co.

Supreme Court of Arkansas

Decided November 18, 1905PublishedCited by 9 opinions

Appeal from St. Francis Chancery Court; Edward D. Robertson, Chancellor; STATEMENT BY THE COURT. This suit was by appellee -against Long on account, consisting of three items, for materials furnished in the construction of a certain building in Forrest City, Ark.

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Appeal from St. Francis Chancery Court; Edward D. Robertson, Chancellor; STATEMENT BY THE COURT. This suit was by appellee -against Long on account, consisting of three items, for materials furnished in the construction of a certain building in Forrest City, Ark. The account amounted in the aggregate to $828.15. The complaint alleged that the materials were furnished on contract with appellant, that they were used in the construction of a certain building at Forrest City, that the account had not been paid, etc. Proper allegations were made for having a lien declared on the building, and…

1Opinion of the Court

Wood, J.,

(after stating the facts.) As the questions are mainly of fact, we will not set out and discuss the evidence in detail.

The proof shows that appellee delayed an unreasonable time after the execution of the contract to furnish the materials for the completion of appellant’s building. But, according to the rule announced in Hooks Smelting Co. v. Planters’ Compress Co., 72 Ark. 275, and the facts of this record, appellee is not liable for special damages for injury to appellant’s building during the delay, nor for the amount paid for labor. The measure of appellant’s damage, under the…

2Cases cited1 opinion

  1. Hooks Smelting Co. v. Planters' Compress Co.Supreme Court of Arkansas · 1904

3Cited by9 opinions

  1. Colt v. . KimballSupreme Court of North Carolina · 1925
  2. Friedman v. SchleuterSupreme Court of Arkansas · 1912
  3. Wait v. StantonSupreme Court of Arkansas · 1912
  4. Leifer Manufacturing Co. v. GrossSupreme Court of Arkansas · 1910
  5. Lamkins v. International Harvester Co.Supreme Court of Arkansas · 1944

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