National Surety Co. v. Long
Supreme Court of Arkansas
Appeal from St. Francis Circuit Court; Hance N. Hutton, Judge; The decision of this court on former appeal is' the law of this case, and the case was then reversed, on the grounds, first, that appellee had made payments to Humphreys without estimates ha'ving been made by an architect or superintendent, and • second, that he had paid $4,908.59, whereas, under the terms of the contract, $3,750.00 was the maximum amount he was authorized to pay — the building being only…
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Appeal from St. Francis Circuit Court; Hance N. Hutton, Judge; The decision of this court on former appeal is' the law of this case, and the case was then reversed, on the grounds, first, that appellee had made payments to Humphreys without estimates ha'ving been made by an architect or superintendent, and • second, that he had paid $4,908.59, whereas, under the terms of the contract, $3,750.00 was the maximum amount he was authorized to pay — the building being only three-fourths completed. As there found, the true standard of value in making the estimates is the contract price, and that…
1Opinion of the CourtHilu, C. J.
This is the second appeal of this case. The •judgment heretofore obtained by Long against the Surety Company was reversed July 2, 1906, the case being reported in 79 Ark. 323 (National Surety Company v. Long.) Every question raised by the appellant now save one was disposed of in the former appeal, either expressly or sub silentio. The majority of the court then found on the facts ás developed in that trial that Long had violated this clause of'the contract, viz: “The said party of the first part agrees to pay to the party of the second part for said work the sum of six thousand six hundred…
2Cases cited1 opinion
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