Prince, Chace & Co. v. Thomas
Supreme Court of Arkansas
Appeal from OuaoKi'a Girewit Oowrt., , The Hon. SheltoN WatsoN, Circuit Judge;. If there was any proof of an-agreement for time, that agreement- was dependant on an act of defendant — the giving bis note, which was not done. This failure-annulled'tbe contract for time, and the money became payable on completion of the work. Oh. Oon.ZIS ¡Hussellvs.
Read the full summary
Appeal from OuaoKi'a Girewit Oowrt., , The Hon. SheltoN WatsoN, Circuit Judge;. If there was any proof of an-agreement for time, that agreement- was dependant on an act of defendant — the giving bis note, which was not done. This failure-annulled'tbe contract for time, and the money became payable on completion of the work. Oh. Oon.ZIS ¡Hussellvs. Mwwr,^& Wend-659 / Ivpm et.. ál- m., Ma/rie et. al. 6 Wend. 77/ 2 Sail 345 / 17 PieJi. 606. There was no- acceptance of the- proposition- for. time; and therefore there never was any such contract. Oh. Oon. 12, 13. The only and true point was,…
1Opinion of the CourtChief Justice WatKINS
delivered, the opinion of the Court
The declaration in this case contained the common counts in indebitatus assumpsit, for work and-labor, and materials bestowed in the repairing of a carriage, for the defendant. The evidence conduced-to show the following state of facts: that the defendant, having a-carriage out of repair, proposed to the plaintiffs to put in repair, and inquired of them what it would cost; to which they answered, that -it would cost him not less than one 'hundred and twenty-five, nor more than -one hundred and fifty •dollars. The defendant then inquired what were the terms…
2Cited by2 opinions
- Blackburn v. Texarkana Gas & Electric Co.Supreme Court of Arkansas · 1912
- David M. Lide, Jr. v. Roy Carothers, United States of America, Bank of Oak Grove, Charolais International and Bank of DixieCourt of Appeals for the Eighth Circuit · 1978