Pratt v. Nakdimen
Supreme Court of Arkansas
Appeal from Sebastian Chancery Court; J. V. Bourland, .Chancellor; statement by tiie court. Appellee, Nakdimen, entered into a contract with one Charles Miller, doing business as the Miller Construction Company, for removing a three-story brick building on a certain lot in the city of Fort Smith, and for the erection of a six-story fireproof building thereon.
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Appeal from Sebastian Chancery Court; J. V. Bourland, .Chancellor; statement by tiie court. Appellee, Nakdimen, entered into a contract with one Charles Miller, doing business as the Miller Construction Company, for removing a three-story brick building on a certain lot in the city of Fort Smith, and for the erection of a six-story fireproof building thereon. The contract price was $51,900. Miller removed the old building, for which work he was allowed $681.50. He sold the material in the old building for $415.50. He began the erection of the new building, but failed to complete it. On…
1Opinion of the Court
Wood, J.,
(after stating the facts). First. The question presented by the appeal of Pratt is, can an attachment be levied upon 'materials which have been furnished a contractor, and delivered at the site of a building, to be used in its construction, but which, at the time of the levy, have.not been incorporated in the building? It is necessary for us to pass upon the validity of Pratt’s attachment, for the reason that the remedies sought by him are not inconsistent but concurrent and cumulative. He is not seeking to have an attachment on materials furnished by him, and also at the same time…
2Cases cited2 opinions
- Central Lumber Co. v. Braddock Land & Granite Co.Supreme Court of Arkansas · 1907
- Deatherage & Ewart v. HendersonSupreme Court of Kansas · 1890
3Cited by6 opinions
- Dean v. McFarlandWashington Supreme Court · 1972
- Clark v. General Electric Co.Supreme Court of Arkansas · 1967
- E. C. Barton & Co. v. NealSupreme Court of Arkansas · 1978
- Marianna Hotel Co. v. Livermore Foundry & Machine Co.Supreme Court of Arkansas · 1913
- Arthur Morgan Trucking Co. v. ShartzerMissouri Court of Appeals · 1943
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