Robinson & Son Contracting Co. v. Twin City Bank
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, Second Division; F. Guy Fulk, Judge; STATEMENT BY THE COURT. Appellant had a contract with Pulaski County to do certain dredge work for the purpose of draining what is known as “Dark Hollow.” Appellant sublet a portion of the work to C. S. Whitney. Whitney arranged with the appellee to cash time checks issued by him as the work progressed.
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Appeal from Pulaski Circuit Court, Second Division; F. Guy Fulk, Judge; STATEMENT BY THE COURT. Appellant had a contract with Pulaski County to do certain dredge work for the purpose of draining what is known as “Dark Hollow.” Appellant sublet a portion of the work to C. S. Whitney. Whitney arranged with the appellee to cash time checks issued by him as the work progressed. The appellee alleged that the appellant agreed with it “that any sums that were due either directly to the contracting company or to Whitney should be applied to the payment of moneys advanced by the appellee in cashing…
1Opinion of the Court
Wood, J.,
(after stating the facts). 1. The uncontradicted evidence shows that appellant agreed to pay appellee the advances that it had made to Whitney up to the 5th of July. The president of the appellant testified that he was under the impression that the amount at that time was $1,330; but he stated that he would have recognized “the same obligation if the debt had been $1,650.55.”
Taking his whole testimony together, it shows that while he thought the amount was $1,330, yet, if in fact it amounted to $1,650.55, his agreement to pay covered it. The undisputed evidence shows, and the…
2Cases cited2 opinions
- Cauthron Lumber Co. v. HallSupreme Court of Arkansas · 1905
- United Walnut Co. v. CourtneySupreme Court of Arkansas · 1910
3Cited by5 opinions
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