O'Neal v. Kelley
Supreme Court of Arkansas
Appeal from Miller Circuit Court. Rufus D. Hearn, Judge. STATEMENT BY THE COURT. The facts in this case are as follows: The plaintiff, Michael Kelley, on the 28th day of April, 1894, entered into a contract with defendant, C. A. O’Neal, by which O’Neal, for the sum of $2,000 to be paid by Kelley, agreed to furnish materials and erect for said Kelley a two-story brick house in the city of Texarkana.
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Appeal from Miller Circuit Court. Rufus D. Hearn, Judge. STATEMENT BY THE COURT. The facts in this case are as follows: The plaintiff, Michael Kelley, on the 28th day of April, 1894, entered into a contract with defendant, C. A. O’Neal, by which O’Neal, for the sum of $2,000 to be paid by Kelley, agreed to furnish materials and erect for said Kelley a two-story brick house in the city of Texarkana. The contract required that the building should be constructed according to specifications named therein, and that it should be completed and turned over to Kelley free of all liens, on or before…
1Opinion of the Court
Riddick, J.,
(after stating tlie facts). This is an action upon a bond given by O’Neal to Kelley for the performance of a building contract. The contract, for the full performance of which the bond was executed, required that, for the sum of $2,000 to be paid by Kelley, O’Neal should furnish materials and erect a brick building, the lower story of which should be 96 feet long and 14 feet high, and the upper story 75 feet long and 12 feet high. During the progress of the work, O’Neal contracted with Kelly that, for the additional sum of $25 paid him by Kelley, he would build the upper story 96…
2Cases cited4 opinions
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- Judah v. ZimmermanIndiana Supreme Court · 1864
- Warden v. RyanMissouri Court of Appeals · 1889
3Cited by12 opinions
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- Berman v. ShelbySupreme Court of Arkansas · 1910
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- Gazette Publishing Co. v. ColeSupreme Court of Arkansas · 1924
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