Bercher v. Gunter
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Fort Smith District; Daniel Hon, Judge; There was a complete novation of contract- between appellant and appellee. 28 Ark. 196; 21 Am. and Eng. Ene.
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Appeal from Sebastian Circuit Court, Fort Smith District; Daniel Hon, Judge; There was a complete novation of contract- between appellant and appellee. 28 Ark. 196; 21 Am. and Eng. Ene. Eaw, 660. The refusal of either party to abide by his part of the contract will justify the other party in treating it as at an end. 22 Ark. 260; 53 Ark. 488. A party to a contract is not justified in putting it beyond his power to perform it. 67 Ark. 156. Plaintiff is entitled to recover the whole amount of the contract price, diminished by the amount necessary to finish it. 33 Ark. 751; 79 la. 40; 77 Ind.…
1Opinion of the CourtFrauenthal, J.
The appellant instituted this action to recover the sum of $51 upon an account for work done and material furnished in 'building a foundation on a lot owned by appellee. The suit was brought in the court of a justice of the peace from whose judgment an appeal was taken to the circuit court. The case was there tried by a jury, who returned a verdict in favor of appellee. It appears from the evidence that appellee made a written contract with certain contractors to build a house for him on this lot according to certain plans and specifications and for an entire price. The contractors employed…
2Cases cited13 opinions
- Standard Life & Accident Insurance v. SchmaltzSupreme Court of Arkansas · 1899
- Little Rock Traction & Electric Co. v. NelsonSupreme Court of Arkansas · 1899
- Railway Co. v. Fire Ass'nSupreme Court of Arkansas · 1891
- Blake v. ScottSupreme Court of Arkansas · 1909
- Pace v. CrandellSupreme Court of Arkansas · 1905
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3Cited by2 opinions
- Couch v. RockafellowSupreme Court of Arkansas · 1943
- Sleeper v. SweetserSupreme Court of Arkansas · 1969