Marianna Hotel Co. v. Livermore Foundry & Machine Co.
Supreme Court of Arkansas
Appeal from Lee Circuit Court; Manee N. Hutton, Judge; STATEMENT OE PACTS. This is a suit by the appellee against the appellant in the Circuit Court of Lee County to have a judgment for building material furnished by the appellee which it alleged was used in a certain hotel building belonging to the appellant.
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Appeal from Lee Circuit Court; Manee N. Hutton, Judge; STATEMENT OE PACTS. This is a suit by the appellee against the appellant in the Circuit Court of Lee County to have a judgment for building material furnished by the appellee which it alleged was used in a certain hotel building belonging to the appellant. The complaint set up that the material was furnished to B. M. Nelson, the contractor, who had been employed by the appellant to construct the building in the city of Marianna. The complaint was filed on the 27th of July, 1911. It had as an exhibit an itemized account showing a balance…
1Opinion of the Court
Wood, J.,
(after stating the facts). Tinder the undisputed evidence the contract to furnish structural iron and the contract to furnish sash weights should be treated as one entire contract for the purposes of having a lien declared upon the hotel building in suit. The acceptance by the contractor of the written proposal by the appellee to furnish structural iron for appellant’s building was bottomed upon the condition that appellee would also furnish sash weights at a certain price. The rule that contemporaneous verbal agreements shall not be allowed to annul or vary the terms of a written…
2Cases cited5 opinions
- Kizer Lumber Co. v. MoselySupreme Court of Arkansas · 1892
- Long v. Charles T. Abeles & Co.Supreme Court of Arkansas · 1905
- Central Lumber Co. v. Braddock Land & Granite Co.Supreme Court of Arkansas · 1907
- Cost v. Newport Builders' Supply & Hardware Co.Supreme Court of Arkansas · 1908
- Pratt v. NakdimenSupreme Court of Arkansas · 1911
3Cited by14 opinions
- Locke v. MurdochNew Mexico Supreme Court · 1915
- E. C. Barton & Co. v. NealSupreme Court of Arkansas · 1978
- Lyle v. LatouretteSupreme Court of Arkansas · 1946
- Terry v. KleinSupreme Court of Arkansas · 1918
- Conway Lumber Co. v. HardinSupreme Court of Arkansas · 1915
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