Marree v. Ingle
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court. Styles T. Rowe, Judge. STATEMENT BY THE COURT. DeWitt Bros., contractors, entered into a contract with appellant by which they agreed to furnish all material, labor, etc., and build a cottage for appellant in' Dort Smith, Ark., for the sum of $1,000, to be paid in five installments; the last payment of $333.34 to be paid when the building was completed, and after the expiration of ten days from such completion, and when the drawing and…
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Appeal from Sebastian Circuit Court. Styles T. Rowe, Judge. STATEMENT BY THE COURT. DeWitt Bros., contractors, entered into a contract with appellant by which they agreed to furnish all material, labor, etc., and build a cottage for appellant in' Dort Smith, Ark., for the sum of $1,000, to be paid in five installments; the last payment of $333.34 to be paid when the building was completed, and after the expiration of ten days from such completion, and when the drawing and specifications had been returned to D. C. Wurtz, architect. The contract provided that the building was to be completed on…
1Opinion of the Court
Hughes, J.,
(after stating the facts). It is settled in this court, as well as elsewhere, that a material or substantial change in a contract releases sureties in a bond given to secure the performance of the contract. O'Neal v. Kelley, 65 Ark. 550.
In Benjamin v. Hilliard, 23 How. 165, it is said, in reference to the release of sureties by alteration of a contract, that “there must be another contract substituted for the original contract, or some alteration in a point so material as in effect to make a new contract.” Was there an alteration in the contract in the case at bar ? The only…
2Cases cited2 opinions
- Benjamin v. HillardSupreme Court of the United States · 1860
- O'Neal v. KelleySupreme Court of Arkansas · 1898
3Cited by2 opinions
- Standard Accident Insurance v. BearSupreme Court of Florida · 1938
- Fidelity & Deposit Co. v. Merchants & Farmers BankSupreme Court of Arkansas · 1915