Dugan v. Kelly
Supreme Court of Arkansas
Appeal from Garland Circuit Court. Alexander M. Dueeie, Judge. STATEMENT BY THE COURT. ' This is an action by appellee to recover for work performed for .appellant under a written contract, the material portions of which are as follows: “Said John Kelly * * * agrees to and with Charles Dugan * * * that he will to the best of his ability perform the following work, viz: excavate in the rear of the Southern Club, Hot Springs, Ark., 34 feet deep, running back from rear line of…
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Appeal from Garland Circuit Court. Alexander M. Dueeie, Judge. STATEMENT BY THE COURT. ' This is an action by appellee to recover for work performed for .appellant under a written contract, the material portions of which are as follows: “Said John Kelly * * * agrees to and with Charles Dugan * * * that he will to the best of his ability perform the following work, viz: excavate in the rear of the Southern Club, Hot Springs, Ark., 34 feet deep, running back from rear line of present building, 55 feet parallel thereto; also remove 300 yards slope, and build stone wall 55 feet long,- 3 feet…
1Opinion of the Court
McCuuuoch, J.,
(after stating the facts.) The construction of a contract free from ambiguity and technical terms is a question of law to be determined always by the court. Estes v. Booth, 20 Ark. 583; Ark. Fire Ins. Co. v. Wilson, 67 Ark. 533; 2 Parsons on Cont. (9th Ed.) p. 648; 1 Beach, Mod. Law of Cont: § 743.
Oral testimony is not admissible to contradict, vary or materially affect the terms of a written contract, though, where the provisions of a written contract are apparently conflicting, or the meaning of the terms are so ambiguous or doubtful that the meaning cannot be ascertained from…
2Cases cited3 opinions
- Gauss Sons v. Doyle & Co.Supreme Court of Arkansas · 1885
- Estes v. BootheSupreme Court of Arkansas · 1859
- Weis v. MeyerSupreme Court of Arkansas · 1891
3Cited by7 opinions
- Abbott v. ParkerSupreme Court of Arkansas · 1912
- Stoops v. Bank of BrinkleySupreme Court of Arkansas · 1920
- Merchants & Farmers Bank v. HarrisSupreme Court of Arkansas · 1914
- Pittsburg Steel Co. v. WoodSupreme Court of Arkansas · 1913
- McGinley v. MartinCourt of Appeals for the Eighth Circuit · 1921
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