State ex rel. Hall v. Canal Construction Co.
Supreme Court of Arkansas
Appeal from Poinsett Chancery Court; George T. Humphries, Chancellor: 1. The order of the court was void for fraud and collusion. It was in excess of 25 per cent, of the estimated cost for the completed work. Kirby’s Digest, § 1416,1420, 1431, etc.
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Appeal from Poinsett Chancery Court; George T. Humphries, Chancellor: 1. The order of the court was void for fraud and collusion. It was in excess of 25 per cent, of the estimated cost for the completed work. Kirby’s Digest, § 1416,1420, 1431, etc. This was not cured by the curative Acts of 1909 and 1913. 90 Ark. 166; 94 Id. 588; 100 Id. 63, 390; 114 Id. 551; 79 Id. 289; 48 Fed. 182; 20 Cal. 442; 45 N. E. 207; 50 Id. 1052, etc. 2. No notice was given property owners as provided by law. The court had no authority to make the additional levy. The contract was let for a gross sum. 83 Ark. 344;…
1Opinion of the Court
HAET, J.,
(after stating the facts). It is contended by appellants that appellee, Canal Construction Company, can not recover the cost of the additional yardage for the reason that its original bid was in excess of 25 per cent, of the estimated cost for the completion of the work. Section 1431 of Kirby’s Digest provides that no bids shall be entertained which exceed the estimated cost of the construction more than 25 per cent, in any case. The statement of facts shows that the gross sum bid by the Canal Construction Company for the construction of the improvement was $230,231.50. This, it is…
2Cases cited7 opinions
- Dunn v. StateSupreme Court of Arkansas · 1840
- Green v. AbrahamSupreme Court of Arkansas · 1884
- Mell v. StateSupreme Court of Arkansas · 1918
- State ex rel. Butler v. WilliamsSupreme Court of Arkansas · 1886
- Streett v. ReynoldsSupreme Court of Arkansas · 1896
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3Cited by8 opinions
- Light v. SelfSupreme Court of Arkansas · 1919
- Hilger v. J. R. Watkins Medical Co.Supreme Court of Arkansas · 1919
- Diffie v. AndersonSupreme Court of Arkansas · 1919
- Howington v. FriendSupreme Court of Arkansas · 1933
- Canal Const. Co. v. Federal Life Ins.Court of Appeals for the Eighth Circuit · 1927
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