Ward v. Kadel
Supreme Court of Arkansas
APPEAL from Pulaski Circuit Court. Non. J. W. Martin, Circuit Judge. The opinion states the case. There was no breach of the contract if plaintiff was ready to deliver, on demand, any kind of ordinary material for house building.. 2 Parsons on Gont., sec. 657. A ■demand of “some bricks” or “some lumber” not sufficient. Defendant should have stated how much he claimed to be due and demanded payment in building material. Until •this was done there was no default.
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APPEAL from Pulaski Circuit Court. Non. J. W. Martin, Circuit Judge. The opinion states the case. There was no breach of the contract if plaintiff was ready to deliver, on demand, any kind of ordinary material for house building.. 2 Parsons on Gont., sec. 657. A ■demand of “some bricks” or “some lumber” not sufficient. Defendant should have stated how much he claimed to be due and demanded payment in building material. Until •this was done there was no default. Rice v. Ghurchill, 2 JDenio., 145 ; Mosey v. Buhe; 5 Minn., 392 ; Smith v. Tiffany, 36 Barb. 23; Wear v. Jachsonville R. R., 24 111.,…
1Opinion of the CourtEaton, J.
The appellant, Ward, sued Kadel upon a parol undertaking of the latter, to assume and perform the obligations of a written contract which had, on the twelfth day of January, 1875, been made between said Ward and the firm of Joseph A. Martin & Co. By the terms of the contract said firm had agreed to deliver to Ward, who was lessee of the-State penitentiary, all the beef which might be necessary to feed the convicts from that time until the first of January, 1876. The beef was to be fresh, and a good merchantable article; to be delivered in such quantities, and at such times as Ward might…
2Cited by5 opinions
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- West v. BechtelMichigan Supreme Court · 1900
- John A. Gauger & Co. v. Sawyer & Austin Lumber Co.Supreme Court of Arkansas · 1908
- Ayer & Lord Tie Co. v. MartinSupreme Court of Arkansas · 1909
- Untitled Texas Attorney General Opinion, Texas Attorney General Reports1941