Hatfield Special School District v. Knight
Supreme Court of Arkansas
Appeal from Polk Circuit Court; Jefferson.T. Cowling, Judge; STATEMENT BY THE COURT. C. W. Knig’lit instituted this action in the circuit court against Hatfield Special School District and V. B. VanDyke to recover the sum of $2,160.45, alleged to he the balance due him for erecting the Hatfield High School building.
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Appeal from Polk Circuit Court; Jefferson.T. Cowling, Judge; STATEMENT BY THE COURT. C. W. Knig’lit instituted this action in the circuit court against Hatfield Special School District and V. B. VanDyke to recover the sum of $2,160.45, alleged to he the balance due him for erecting the Hatfield High School building. The defendant, Hatfield Special School District, admitted that it was indebted to plaintiff in the sum of $332.38, and offered to confess judgment for that amount, but denied the other material allegations of the complaint. The facts are substantially as follows: The directors of…
1Opinion of the Court
Hart, J.,
(after stating the facts.) The court, on its own motion, gave instructions Nos. 3 and 4 to the jury, over the objection of the defendant. The instructions are as follows:
“The parties having entered into the contract sued on voluntarily and having agreed upon the architect, VanDyke, as the arbiter of the matters specified therein, you are instructed that as to all such matters left to the determination of the architect, his decision is. final and binding upon the parties hereto in the absence of fraud or such gross mistake as to imply bad faith on his part. ’ ’ (No. 3.)
“If you find…
2Cases cited3 opinions
- Boston Store v. SchleuterSupreme Court of Arkansas · 1908
- Bush v. JonesCourt of Appeals for the Third Circuit · 1906
- Klein v. German National BankSupreme Court of Arkansas · 1901
3Cited by5 opinions
- Pettit-Galloway Company v. WomackSupreme Court of Arkansas · 1925
- Elliott Contracting Co. v. City of PortlandOregon Supreme Court · 1918
- Blytheville Courier v. McCallSupreme Court of Arkansas · 1925
- Board of Improvement Water & Light Improvement Districts v. GalbraithSupreme Court of Arkansas · 1916
- Ferguson v. ChristensenSupreme Court of Colorado · 1915