Nick Peay Construction Co. v. Miller
Supreme Court of Arkansas
Appeal from Lee Chancery Court; Edward D. Robertson, Chancellor; STATEMENT BY THE COURT. This suit was brought by appellees, the commissioners of Sewer District No. 1, of the city of Marianna, against the appellants, Nick Peay Construction Company, and bondsmen, for damages for failure to construct and complete by January 1, 1907, a system of sanitary sewers in said city, in accordance with the contract made with the commissioners of said district on July 14, 1906. A copy of…
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Appeal from Lee Chancery Court; Edward D. Robertson, Chancellor; STATEMENT BY THE COURT. This suit was brought by appellees, the commissioners of Sewer District No. 1, of the city of Marianna, against the appellants, Nick Peay Construction Company, and bondsmen, for damages for failure to construct and complete by January 1, 1907, a system of sanitary sewers in said city, in accordance with the contract made with the commissioners of said district on July 14, 1906. A copy of the contract, with specifications showing details of the work, were filed with the complaint as exhibits. It was…
1Opinion of the Court
Kirby, J.,
(after stating the facts.) It is contended by appellants, the sureties on the bond of Nick Peay Construction Company:
1. That they were discharged by reason of the failure of the commissioners to give the required notice of the default of the contractor within the time specified in the bond.
2. That the sureties were released by reason of material changes made in the work to be done without their consent.
3. That in any event there was no liability on their part for the payment of liquidated damages, no such provision being included in the body of the contract, and the only reference…
2Cited by3 opinions
- United States Fidelity & Guaranty Co. v. Board of Commissioners Sewer Improvement District No. 1Supreme Court of Arkansas · 1919
- Miller v. HamiltonCourt of Appeals for the Eighth Circuit · 1914
- Tennessee Valley School v. United States Fidelity & Guaranty Co.Court of Appeals of Texas · 1923