Osborne v. Suter
Supreme Court of Arkansas
Appeal from Arkansas Chancery Court; John M. Elliott, Chancellor; The proof shows that the contract was fully complied with and that the judgment should have been in favor of Contractor Bunn for $5,604, the amount of the engineer’s report to be due him, with interest, as damages caused by the wrongful issuance of the preliminary injunction.
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Appeal from Arkansas Chancery Court; John M. Elliott, Chancellor; The proof shows that the contract was fully complied with and that the judgment should have been in favor of Contractor Bunn for $5,604, the amount of the engineer’s report to be due him, with interest, as damages caused by the wrongful issuance of the preliminary injunction. The work was performed according to the contract and plans and specifications and was completed and accepted within the specified time. 28 Cyc. 665; 101 111. App. 150. No complaint was made that the contract was not properly let, but plaintiffs allowed…
1Opinion of the CourtSmith, J.
Appellees, who were the plaintiffs below, brought this suit as taxpayers of Road Improvement District No. 1 of Arkansas County against the contractor and commissioners of that district, and alleged that the contractor had failed to construct the road in accordance with the plans and specifications, and that he did not complete the road within the time contracted for, and prayed that the commissioners be restrained from accepting the road, or making any further payments to the contractor, and that a judgment in favor of the district be entered against the contractor for damages for failure to…
2Cases cited4 opinions
- Tallman v. LewisSupreme Court of Arkansas · 1916
- Rayder v. WarrickSupreme Court of Arkansas · 1918
- Pritchett v. Road Improvement District No. 3Supreme Court of Arkansas · 1920
- Harris v. WallaceSupreme Court of Arkansas · 1919
3Cited by2 opinions
- Phillips v. Ben M. Hogan Co., Inc.Court of Appeals of Arkansas · 1980
- Phillips v. Ben M. Hogan Co., Inc.Court of Appeals of Arkansas · 1980