Danco Construction Co. v. City of Fort Smith

Ernie E. Wright, Chief Judge.

This is an appeal from an order of the circuit court denying the defendant’s motion for summary judgment.

The City of Fort Smith on February 12, 1974, filed action against appellant claiming damages arising out of the construction of a sewer line by the appellant. The City alleged appellant was negligent in failing to comply with plans and specifications in the construction and breached express and implied warranties of fitness with reference to materials used.

Danco answered the complaint denying the allegations and affirmatively interposing the five year statute…