Newell Contracting Co. v. Lacy

FOSTER, Justice.

This is an action by appellee, a subcontractor of appellant in the construction of a public road in Arkansas. It seeks to recover of appellant a balance due under the contract, which is in writing, in the form of an accepted proposal. The controversy grows out of a contention by appellant that appel-lee did not complete the work to the satisfaction of the engineer, as required by the contract, and caused appellant to do certain work to complete it, the cost of which was charged to appellee, and called a “force account.” This claim is disputed by appellee whose evidence tends…