Roseburr v. McDaniel
Supreme Court of Arkansas
Appeal from Conway Chancery Court; Jordan Sellers, Chancellor; "We recognize the rule that a contractor who has contracted to erect a- building and who has substantially complied with the plans agreed upon is entitled to recover the contract price, less material, unauthorized changes made, or the difference in value of the work done according to the original plans and specifications.
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Appeal from Conway Chancery Court; Jordan Sellers, Chancellor; "We recognize the rule that a contractor who has contracted to erect a- building and who has substantially complied with the plans agreed upon is entitled to recover the contract price, less material, unauthorized changes made, or the difference in value of the work done according to the original plans and specifications. The rule applies where the omissions or defects were not intentionally or deliberately made through bad faith. This is an exception to the rule, as McDaniel, by his own statement, showed a wilful intent not to…
1Opinion of the CourtMcCulloch, C. J.
Appellee is a carpenter by trade and built a house for appellant on the latter’s land, under contract for a price to be paid in the sum of eighty-five dollars. The house was constructed, and appellant paid $20 on the price, and this is a suit -in chancery instituted by appellee to recover the balance of $65 alleged to be due. and to enforce a lien on the premises.
Appellant alleged in the answer that the house was not constructed in accordance with the contract. He alleged that the roof and gutters were defective, and that it would cost $40 to repair the defects; that appellee had failed to…
2Cases cited3 opinions
- Fitzgerald v. La PorteSupreme Court of Arkansas · 1897
- Whitcomb v. GansSupreme Court of Arkansas · 1909
- Mitchell v. CaplingerSupreme Court of Arkansas · 1911
3Cited by7 opinions
- Atkinson v. Jackson Bros.Texas Commission of Appeals · 1925
- Carter v. QuickSupreme Court of Arkansas · 1978
- Phillips v. Ben M. Hogan Co., Inc.Court of Appeals of Arkansas · 1980
- Tech-Neeks, Inc. v. FrancisSupreme Court of Arkansas · 1966
- Harris v. HolderSupreme Court of Arkansas · 1950
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