English v. Shelby
Supreme Court of Arkansas
Appeal from Pulaski Circuit Count, Third Division; G. W. Hendricks, Judge; STATEMENT BY THE COUKT. Appellee Shelby 'entered into a contract, whereby he undertook to build ia street according to plans and specifications furnished by the Board of Commissioners of Street Improvement District No. 135 of 'the city of Little Rock, -and its engineer, E. A. Kingsley.
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Appeal from Pulaski Circuit Count, Third Division; G. W. Hendricks, Judge; STATEMENT BY THE COUKT. Appellee Shelby 'entered into a contract, whereby he undertook to build ia street according to plans and specifications furnished by the Board of Commissioners of Street Improvement District No. 135 of 'the city of Little Rock, -and its engineer, E. A. Kingsley. This contract provided that the -engineer appointed by the board should be arbitrator between the contracting parties, and should -decide all disputes “involving the character of the work, the compensation to be made therefor, or any…
1Opinion of the Court
Smith, J.,
(/after stating the facts). (1-2) There is but little 'conflict in the evidence, and it is agreed that the decision of 'this case turns upon the interpretation given the bond sued upon. Various rules of construction are called /to our attention to enable us to discharge this duty. Appellee, of course, 'concedes that the' first sentence of the guarantee would impose an absolute liability, if it stood alone; but it is said that the effect of the subsequent recitals of the guaranty is to limit this liability, and to' make that liability contingent upon these subsequent recitals. If is…
2Cited by15 opinions
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- McClendon v. StateSupreme Court of Arkansas · 1917
- Scanlan v. Houston Lighting & Power Co.Court of Appeals of Texas · 1933
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