Northern Construction Co. v. Johnson
Supreme Court of Arkansas
Appeal from Clay Circuit Court, Western District; B. R. Dudley, Judge; I. The court erred in sustaining the demurrer to first, third and fifth paragraphs of the complaint. 80 Ark. 228; 105 Id. 421; 97 Id. 522. 1. The demurrer was properly sustained. The first is too general and only stated a conclusion of law. 13 Cyc. 157; 72 Ark. 3. The third alleges no cause of action. It is too general.
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Appeal from Clay Circuit Court, Western District; B. R. Dudley, Judge; I. The court erred in sustaining the demurrer to first, third and fifth paragraphs of the complaint. 80 Ark. 228; 105 Id. 421; 97 Id. 522. 1. The demurrer was properly sustained. The first is too general and only stated a conclusion of law. 13 Cyc. 157; 72 Ark. 3. The third alleges no cause of action. It is too general. Appellee was an independent contractor and appellant was not liable for his,torts. 81 Ark. 195; 77 Id. 551. The fifth alleges no damage. It is also too general.
1Opinion of the CourtWood, J.
The appellant instituted this action against the appellee, “alleging that on the..................day of .............................., it entered into a contract with a drainage district in White County, Arkansas, near Judsonia, to dig a ditch according to certain plans and specifications, and in a certain time set out in the contract; that it entered into a contract with the defendant, A. B. Johnson, whereby he agreed to clear and prepare said right-of-way, and cut cord wood thereon within a time sufficient to enable the plaintiff to comply with its contract with the said drainage district.
2Cases cited3 opinions
- Martin v. Railway Co.Supreme Court of Arkansas · 1892
- White River Railway Co. v. Batesville & Winerva Telephone Co.Supreme Court of Arkansas · 1906
- Plunkett v. MeredithSupreme Court of Arkansas · 1903
3Cited by3 opinions
- Chiles v. Fort Smith Commission Co.Supreme Court of Arkansas · 1919
- Mason v. RussenbergerSupreme Court of Arkansas · 1976
- Carroll v. JonesSupreme Court of Arkansas · 1963