Lawhon v. Toors
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court. Joseph W. Martin, Judge. STATEMENT BY THE COURT. In July, 1900, W. C. S'ims entered into a contract with W. J. Lawhon to build a storehouse for Lawhon.
Read the full summary
Appeal from Pulaski Circuit Court. Joseph W. Martin, Judge. STATEMENT BY THE COURT. In July, 1900, W. C. S'ims entered into a contract with W. J. Lawhon to build a storehouse for Lawhon. The contract, which was in writing, contained, among others, 'the following provision, towit: “It is hereby mutually agreed by and between the parties hereto, that the sum to be paid by the owner to the contractor for said work and materials shall be $5,835 (fifty-eight hundred and thirty-five dollars), subject to additions and deductions as hereinbefore provided; and that such sum shall be paid, in current…
1Opinion of the Court
Riddick, J.,
(after stating the facts.) The only question presented by this appeal is whether Toors has been discharged from liability on the bond executed by Sims to Lawhon for the performance of a building contract, and upon which bond Toors was surety. Lawhon agreed to pay Sims- $5,835 for the erection of the building, but the contract for the performance of ■ which the bond was given stipulated that only two-thirds of this amount should be paid during the progress of the work. The contract provided that the remaining one-third, amounting to $1,945', should be paid within “fifteen days…
2Cases cited4 opinions
- Simonson v. GrantSupreme Court of Minnesota · 1887
- Bragg v. ShainCalifornia Supreme Court · 1874
- Evans v. GradenSupreme Court of Missouri · 1894
- Board of Com'rs v. BranhamU.S. Circuit Court for the District of Indiana · 1893
3Cited by5 opinions
- Sandusky Grain Co. v. Borden's Condensed Milk Co.Michigan Supreme Court · 1921
- Berman v. ShelbySupreme Court of Arkansas · 1910
- Gazette Publishing Co. v. ColeSupreme Court of Arkansas · 1924
- Fidelity & Deposit Co. v. Merchants & Farmers BankSupreme Court of Arkansas · 1915
- United States Fidelity & Guaranty Co. v. Citizens Building & Improvement Co.Supreme Court of Colorado · 1917