National Union Fire Insurance v. School District
Supreme Court of Arkansas
Appeal from Washington Circuit Court; J. S. Maples, Judge; affirmed. 1. The court erred in overruling the demurrer. The complaint does not allege the performance of the conditions precedent in the policy. 38 Ark. 127; Could on Pleading (3 ed.) 175; 10 Ark. 416; Kirby’s Digest, § ^ 6119. 2. The court erred in its charge to the jury as to substantial compliance with the conditions of the contract. 57 Ark. 461. 3: It was error to refuse an instructed verdict for defendant.
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Appeal from Washington Circuit Court; J. S. Maples, Judge; affirmed. 1. The court erred in overruling the demurrer. The complaint does not allege the performance of the conditions precedent in the policy. 38 Ark. 127; Could on Pleading (3 ed.) 175; 10 Ark. 416; Kirby’s Digest, § ^ 6119. 2. The court erred in its charge to the jury as to substantial compliance with the conditions of the contract. 57 Ark. 461. 3: It was error to refuse an instructed verdict for defendant. The liability has been fully settled. 93 Ark. 383. There was no fraud or mistake. 4. Testimony as to the condition of the…
1DissentMcCULLOCH, C. J.
I am unable to find in this record any justification for disregarding the written contract between the parties settling the controversy by compromise. The undisputed facts are that after the loss occurred the insurance company agreed to have the damage to the building repaired by a carpenter who was suggested by the school directors. There is a conflict in the testimony as to who actually employed the carpenter, but none as to the fact that the directors selected him. The repairs were made and accepted by the directors, and the compromise settlement was reduced to writing in the form of a…
2Cases cited5 opinions
- Kansas City Southern Railway Co. v. ArmstrongSupreme Court of Arkansas · 1914
- Cherokee Construction Co. v. Prairie Creek Coal Mining Co.Supreme Court of Arkansas · 1912
- Williams v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Arkansas · 1913
- Hardister v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1915
- Scullin v. NewmanSupreme Court of Arkansas · 1917