Legal Opinion · Dissent

Carter Construction Co. v. Sims

Supreme Court of Arkansas

Decided January 29, 1973No. 5-6045Published

1DissentConley Byrd, Justice

For the reasons hereinafter stated, I disagree with so much of the majority opinion as treats the $3000 per month advance as salary.

In the first place the parties conducted themselves toward one or the other more in the relationship of prime contractor and subcontractor than they did as master and servant.1 The record shows that appellee had some two to three hundred thousand dollars worth of equipment with offices in Farmersville, Louisiana and Warren, Arkansas. At the time here involved, appellee had other jobs of his own going at the same time that he was also supervising.2 The proof shows…

2Cases cited7 opinions

  1. Fox v. BuckinghamCourt of Appeals of Kentucky (pre-1976) · 1928
  2. Landry v. HuberLouisiana Court of Appeal · 1962
  3. Hibbs-Kiefer Hat Company v. SchneiderhanCourt of Appeals of Kentucky (pre-1976) · 1930
  4. Sutton v. AverySupreme Court of Connecticut · 1945
  5. Argonaut Builders, Inc. v. DareSupreme Court of Colorado · 1961

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