State v. Arkansas Brick & Manufacturing Co.
Supreme Court of Arkansas
Appeal from Pulaski Chancery Court; John B. Martineau, Chancellor; statement by The COURT. This action was instituted by the State to recover from the defendant $17,726.55, claimed to be due from the defendant for convict labor. On the 31st clay of July, 1899, the State entered into a contract with the defendant, by which it agreed, for a term of ten years, beginning January 1, 1900, to furnish the defendant three hundred able-bodied men per day on demand.
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Appeal from Pulaski Chancery Court; John B. Martineau, Chancellor; statement by The COURT. This action was instituted by the State to recover from the defendant $17,726.55, claimed to be due from the defendant for convict labor. On the 31st clay of July, 1899, the State entered into a contract with the defendant, by which it agreed, for a term of ten years, beginning January 1, 1900, to furnish the defendant three hundred able-bodied men per day on demand. For this labor the defendant undertook to pay 50 cents per day for each convict. After the expiration of .the ten years, a number of…
1Opinion of the Court
Norton, Special Judge,
(after stating the facts). It is not contended on the part of the State that it performed its agreement to furnish the three hundred convicts, but it is insisted for the State that by defendant’s course of dealing — settling monthly for such number of convicts as it had — the defendant waived its right to full compliance iby the S'tate. It is also contended for the State that a cross demand of counterclaim or recoupment cannot be made against the State, as that would, in a sense, be permitting the State to be made a defendant; and it is further contended in behalf of the…
2Cases cited9 opinions
- Williams v. NeelyCourt of Appeals for the Eighth Circuit · 1904
- People of State of N.Y. v. . DennisonNew York Court of Appeals · 1881
- Conner & Wife v. SmithSupreme Court of Alabama · 1889
- Wyman v. HerardSupreme Court of Oklahoma · 1899
- Beecher v. BaldwinSupreme Court of Connecticut · 1887
4 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Pennsylvania R. Co. v. MillerCourt of Appeals for the Fifth Circuit · 1941
- State v. HoggCourt of Appeals of Maryland · 1988
- State v. WeatherbySupreme Court of Missouri · 1939
- Walter Butler Building Company v. SotoWest Virginia Supreme Court · 1957
- Kegan v. Park BankSupreme Court of Missouri · 1928
22 more not listed; retrieve them via the Exa API.