Legal Opinion

Aetna Indemnity Co. v. Little Rock

Supreme Court of Arkansas

Decided January 18, 1909PublishedCited by 5 opinions

Appeal from Pulaski Circuit Court, First Division; Robert J. Lea, Judge; statement by the court. The Board of Public Affairs of the city of Tittle Rock let a contract for the paving of West Markham Street. The Arkansas Asphalt Company was the successful bidder, and entered into a contract to construct an asp'haltum pavement on the designated portion of West Markham Street, and to maintain the same in good order and condition for a period of ten years.

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Appeal from Pulaski Circuit Court, First Division; Robert J. Lea, Judge; statement by the court. The Board of Public Affairs of the city of Tittle Rock let a contract for the paving of West Markham Street. The Arkansas Asphalt Company was the successful bidder, and entered into a contract to construct an asp'haltum pavement on the designated portion of West Markham Street, and to maintain the same in good order and condition for a period of ten years. The Arkansas Asphalt Company assigned its contract to the Green River Asphalt Company. The contractor was required to give two bonds, one for…

1Opinion of the Court

Hill, C. J.,

(after stating the facts). I. It is said that the sureties were relieved by the change of the pavement required of the street car company. It was understood from an existing ordinance, and by a descriptive clause in the contract, that the space occupied "by the street car company, and two feet on each side thereof, was to be paved with whatever material the rest of the street was paved — in this instance, asphalt. This contract provides that in a certain contingency mentioned therein the contractor could be required to pave this space with asphalt under similar terms and…

2Cases cited6 opinions

  1. Powers v. Chesapeake & Ohio Railway Co.Supreme Court of the United States · 1898
  2. Meisenheimer v. StateSupreme Court of Arkansas · 1904
  3. Boland v. StanleySupreme Court of Arkansas · 1909
  4. Forrest City v. OrgillSupreme Court of Arkansas · 1908
  5. Minneapolis Fire & Marine Mutual Insurance v. NormanSupreme Court of Arkansas · 1905

1 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Coletti v. Ovaltine Food ProductsDistrict Court, D. Puerto Rico · 1967
  2. King v. StateSupreme Court of Arkansas · 1913
  3. New Hampshire Fire Insurance v. BlakelySupreme Court of Arkansas · 1911
  4. Stamper v. Aluminum & Zinc Die Cast Co.Supreme Court of Arkansas · 1984
  5. O'Neil Engineering Co. v. City of LehighSupreme Court of Oklahoma · 1919

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