Selig v. Botts
Supreme Court of Arkansas
Appeal from Arkansas Circuit Court, Southern District ; Thomas G. Trimble, Judge; 1. Placing a reasonable construction on the appellee’s testimony, there was a literal compliance with the contract by the installation of the Layne pump.
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Appeal from Arkansas Circuit Court, Southern District ; Thomas G. Trimble, Judge; 1. Placing a reasonable construction on the appellee’s testimony, there was a literal compliance with the contract by the installation of the Layne pump. Appellant was entitled to recover, on the contract, upon a substantial compliance therewith, or an acceptance of the work, notwithstanding defects therein, the contract price, less the cost of correcting such defects. 105 Ark. 353; 97 Id. 278; 86 Id. 570; 79 Id. 506; 64 Id. 34. Judgment should have been given for appellant, for at least $300. 33 Ark. 751; 114…
1Opinion of the CourtSmith, J.
The parties to this litigation entered into a contract wherein Selig, who was the plaintiff below, and is the appellant here, agreed to drill a rice well for Botts, who was the defendant below and is the appellee here, with a flow of water of 800 gallons per minute, when tested, and to install a centrifugal pump, to be completed and tested on or before May 15,1914, for a total consideration of $1,650, of which $1,200 was to be paid upon completion of the well, and a note given for the balance, bearing 8 per cent, interest from date, and maturing December 1, 1914. There was a written contract…
2Cases cited2 opinions
- Thomas v. JacksonSupreme Court of Arkansas · 1912
- Ensign v. CoffeltSupreme Court of Arkansas · 1915
3Cited by4 opinions
- Pickens v. StroudCourt of Appeals of Arkansas · 1983
- Coley v. GreenSupreme Court of Arkansas · 1960
- Bell v. CarverSupreme Court of Arkansas · 1968
- Layne-Arkansas Co. v. SeemanSupreme Court of Arkansas · 1927