Manuel v. Campbell
Supreme Court of Arkansas
Eiíror to Pulaski Circuit Court. Campbell complained of Manuel, in covenant. The conditions of the covenant sued on, as set out in the declaration, were, that Campbell agreed that he would, as soon as could reasonably he done, frame and build for Manuel a saw-mill, with all the apparatus and machinery necessary and requisite to the full operation of said saw-mill, near the dwelling-house of Manuel; and would well and truly do and perform all the work of said mill, requisite…
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Eiíror to Pulaski Circuit Court. Campbell complained of Manuel, in covenant. The conditions of the covenant sued on, as set out in the declaration, were, that Campbell agreed that he would, as soon as could reasonably he done, frame and build for Manuel a saw-mill, with all the apparatus and machinery necessary and requisite to the full operation of said saw-mill, near the dwelling-house of Manuel; and would well and truly do and perform all the work of said mill, requisite to putting the same in full operation, without unnecessary delay, and to the best of his knowledge, skill, and ability;…
1Opinion of the CourtDickinson, J.
It is not denied by the counsel for the defendant in error that the mill was not finished; but it is contended that the facts of submission to an award by Manuel, the payments made by him to Campbell, and other circumstances detailed in evidence, go to prove his acceptance independent of mere possession. It is necessary for us to ascertain, first, the nature of the contract, and whether the performance of Campbell’s part of the agreement was a condition precedent to the payment by the defendant, or whether the covenants are mutual and independant. Sergeant Williams, in his note to Pordage vs.…
2Cases cited2 opinions
- Felton v. DickinsonMassachusetts Supreme Judicial Court · 1813
- Stagg v. MunroNew York Supreme Court · 1832
3Cited by6 opinions
- Blackburn v. Texarkana Gas & Electric Co.Supreme Court of Arkansas · 1912
- Pickens v. StroudCourt of Appeals of Arkansas · 1983
- Coley v. GreenSupreme Court of Arkansas · 1960
- Bell v. CarverSupreme Court of Arkansas · 1968
- Roundtree v. TurnerSupreme Court of Alabama · 1860
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