Blake v. Scott
Supreme Court of Arkansas
Appeal from Nevada Chancery Court; James D. Shaver, Chancellor; 1. Appellee is not entitled to recover because he did not contract for the building of the curb. 2. It was not appellee’s duty, under the circumstances, to build the curb. 3. It is inequitable to compel appellant to bear the extra, expense due to the inequalities of sidewalk improvements on the street in question, caused by the grading and ditching done by the city of Prescott.
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Appeal from Nevada Chancery Court; James D. Shaver, Chancellor; 1. Appellee is not entitled to recover because he did not contract for the building of the curb. 2. It was not appellee’s duty, under the circumstances, to build the curb. 3. It is inequitable to compel appellant to bear the extra, expense due to the inequalities of sidewalk improvements on the street in question, caused by the grading and ditching done by the city of Prescott. The statute expressly requires uniformity. Kirby’s Dig., § 5593; 17 Atl. 139; 53 Ark. 500. I. The city of Prescott is not liable. It was not a party to…
1Opinion of the CourtFrauenthal, J.
The plaintiff below, PI. V. Scott, instituted this suit against the defendant, G. R. Blake, upon an account for building a concrete sidewalk and curb. In effect, it was an action for a balance claimed due upon the account. The total amount due for the walk and curb was $273.90, and upon that the defendant had paid $132.45, leaving a balance of $145.45, for the recovery of which amount this suit was brought.
The defendant denied that he had employed the plaintiff to build the sidewalk and curb, but had only employed him to build the walk; that the cost of the walk amounted to $132.45, which he…
2Cases cited2 opinions
- Collins v. Paepcke-Leicht Lumber Co.Supreme Court of Arkansas · 1905
- Hogg v. LasterSupreme Court of Arkansas · 1892
3Cited by13 opinions
- Scholtes v. Signal Delivery Service, Inc.District Court, W.D. Arkansas · 1982
- Dunn v. Phoenix Village, Inc.District Court, W.D. Arkansas · 1963
- Downtowner Corp. v. Commonwealth Securities Corp.Supreme Court of Arkansas · 1967
- Wales-Riggs Plantations v. BanksSupreme Court of Arkansas · 1912
- Worth James v. P. B. Price Construction Co.Supreme Court of Arkansas · 1966
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