Legal Opinion

Long v. Charles T. Abeles & Co.

Supreme Court of Arkansas

Decided February 24, 1905PublishedCited by 21 opinions

Appeal from St. Francis Chancery Court; Edward D. Robertson, Chancellor; This suit was brought by Charles T. Abeles & Company, a corporation, against E. A. Long and T. L. Humphreys in the St. Francis Chancery Court, to fix and enforce a lien for material furnished, amounting to $891.52, alleged to have gone into a building erected by T. L. Humphreys as contractor for appellant.

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Appeal from St. Francis Chancery Court; Edward D. Robertson, Chancellor; This suit was brought by Charles T. Abeles & Company, a corporation, against E. A. Long and T. L. Humphreys in the St. Francis Chancery Court, to fix and enforce a lien for material furnished, amounting to $891.52, alleged to have gone into a building erected by T. L. Humphreys as contractor for appellant. Long denied all the material allegations of the complaint, and alleged that he had paid out for material and labor a greater amount in the aggregate than the contract price of said build-ing. The court found that the…

1Opinion of the CourtWood, J.

i. On the questions of fact as to whether or not the .materials were furnished to the contractor, and went into the building of Long, our conclusion is that the court’s findings are not clearly against the weight of the evidence.

2. Appellant, Long, inter alia, testified that the contract price with Humphreys for the erection of the hotel building was $6,600. The building actually cost $9,637.34. All this amount was paid for material and labor that went into the building. Witness sáw that payment was made to the material furnishers and the laborers. None of this amount was paid to the…

2Cases cited3 opinions

  1. Carmack v. LovettSupreme Court of Arkansas · 1884
  2. Meher v. ColeSupreme Court of Arkansas · 1887
  3. Barton v. Grand Lodge of Independent Order of Odd FellowsSupreme Court of Arkansas · 1902

3Cited by21 opinions

  1. Henslee v. KennedySupreme Court of Arkansas · 1977
  2. Foster v. GravesSupreme Court of Arkansas · 1925
  3. Central Lumber Co. v. Braddock Land & Granite Co.Supreme Court of Arkansas · 1907
  4. Malone v. MobbsSupreme Court of Arkansas · 1912
  5. E. C. Barton & Co. v. NealSupreme Court of Arkansas · 1978

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