Eastern Arkansas Hedge Fence Co. v. Tanner
Supreme Court of Arkansas
Appeal from Lonoke Chancery Court. The failure of appellees to perform their part of the contract authorized appellants to treat it as rescinded. 38 Ark, 174. The contract was severable. 1 Beach, Mod. Law of Cont. §§ 731, 733. Appellant was entitled to judgment for the work done. 41 S, W. 763. The language, “other improvements,” is broad enough to cover the improvement made by-appellants.
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Appeal from Lonoke Chancery Court. The failure of appellees to perform their part of the contract authorized appellants to treat it as rescinded. 38 Ark, 174. The contract was severable. 1 Beach, Mod. Law of Cont. §§ 731, 733. Appellant was entitled to judgment for the work done. 41 S, W. 763. The language, “other improvements,” is broad enough to cover the improvement made by-appellants. Sand. & H. Dig., § 4731. The mechanic’s lien law should be liberally construed. 30 Ark. 568; 32 Ark. 69; 49 Ark. 478. The appellees, being the defaulting parties, appellants are entitled to their lien, the…
1Opinion of the CourtBunn, C. J.
This is a suit, originally at law, on two promissory notes; answer setting up failure of consideration; amended complaint claiming mechanic’s lien, and cause transferred to equity; and, upon the pleadings and exhibits and depositions of witnesses, the cause was tried, and the chancellor dismissed the amended complaint for want of equity.
The plaintiff had contracted to plant and set a hedge fence of bois d’arc for Tanner Bros., and they (Tanner Bros.) were to perform certain duties by way of trimming, pruning and cultivating the hedge while the same was growing to completion. The contract was…
2Cited by19 opinions
- Ingham Lumber Co. v. IngersollSupreme Court of Arkansas · 1910
- Jones v. StateSupreme Court of Arkansas · 1912
- St. Louis, Iron Mountain & Southern Railway Co. v. LoveSupreme Court of Arkansas · 1905
- Hempstead County v. HarknessSupreme Court of Arkansas · 1905
- State ex rel. Norwood v. Kansas City & Memphis Railway & Bridge Co.Supreme Court of Arkansas · 1913
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