American Surety Co. v. Black
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Fort Smith District; Paul Little, Judge; STATEMENT BY THE COURT. Albert H. Black sued the American Surety Company of New York to recover damages for an alleged breach of a building contract. The material facts are as follows: On April 15, 1913, Albert Black entered into a written contract with Rambo & Kemp, contractors, to erect for him a residence in the city of Fort Smith, according to certain plans and specifications.
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Appeal from Sebastian Circuit Court, Fort Smith District; Paul Little, Judge; STATEMENT BY THE COURT. Albert H. Black sued the American Surety Company of New York to recover damages for an alleged breach of a building contract. The material facts are as follows: On April 15, 1913, Albert Black entered into a written contract with Rambo & Kemp, contractors, to erect for him a residence in the city of Fort Smith, according to certain plans and specifications. The contract required that the contractors should execute a bond to secure the faithful performance of their contract and the American…
1Opinion of the CourtHart, J.
(after stating the facts.)(1) Counsel for the defendant insists that the court erred in overruling his motion to make the complaint more definite and certain. We do not think the court erred in this regard. The complaint contained a statement of all the essential facts constituting the plaintiff’s cause of action and it was not necessary that the complaint should set forth the evidence to support its allegations. The allegations of the complaint were sufficient to advise the defendant of the nature of.the claim, for which plaintiff sought recovery so that it might prepare any defense which it…
2Cases cited3 opinions
- Skillern v. BakerSupreme Court of Arkansas · 1907
- McLaughlin v. City of HopeSupreme Court of Arkansas · 1913
- Hodges v. BayleySupreme Court of Arkansas · 1912
3Cited by1 opinion
- Gish v. ScantlandSupreme Court of Arkansas · 1922