Legal Opinion

Boston Store v. Schleuter

Supreme Court of Arkansas

Decided November 30, 1908PublishedCited by 29 opinions

Appeal from Sebastian Circuit Court, Fort Smith District; Daniel Hon, Judge; STATEMENT BY THE COURT. The appellee sued appellant, alleging: “That on September 15, 1906, the plaintiff and the defendant entered into a contract for certain alterations and additions to be made to the building known as the Boston Store and the building adjoining said Boston Store on the. west side thereof, situated in the city of Bt.

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Appeal from Sebastian Circuit Court, Fort Smith District; Daniel Hon, Judge; STATEMENT BY THE COURT. The appellee sued appellant, alleging: “That on September 15, 1906, the plaintiff and the defendant entered into a contract for certain alterations and additions to be made to the building known as the Boston Store and the building adjoining said Boston Store on the. west side thereof, situated in the city of Bt. Smith, Arkansas; that “the plaintiff agreed to furnish all materials with the exceptions of the plate glass and iron, which was agreed to be furnished by the Boston Store; and the…

1Opinion of the CourtWood, J.

(after stating the facts.) We will dispose of the assignments of error in the order presented by appellant’s counsel. ,

1. The court did not err in excluding the written bids that were offered in evidence. These were prior to and no part ■of the written contract. The contract was unambiguous, and it was complete as to the time and manner for the performance of the work, as well as the consideration to be paid therefor. The parties were bound by the terms of the contract, which, taken in connection with the plans and specifications, contained all the elements to which the bids referred.

2. The…

2Cases cited7 opinions

  1. Kihlberg v. United StatesSupreme Court of the United States · 1878
  2. Martinsburg & Potomac Railroad v. MarchSupreme Court of the United States · 1885
  3. Sweeney v. United StatesSupreme Court of the United States · 1884
  4. Boettler v. TendickTexas Supreme Court · 1889
  5. Hot Springs Ry. Co. v. MaherSupreme Court of Arkansas · 1886

2 more not listed; retrieve them via the Exa API.

3Cited by29 opinions

  1. Cox v. SmithSupreme Court of Arkansas · 1911
  2. American Sales Book Co. v. WhitakerSupreme Court of Arkansas · 1911
  3. Wallis v. Inhabitants of WenhamMassachusetts Supreme Judicial Court · 1910
  4. Bradley Gin Co. v. J. L. Means Machinery Co.Supreme Court of Arkansas · 1910
  5. Williams v. Board of Directors of Carden's Bottom Levee District No. 2Supreme Court of Arkansas · 1911

24 more not listed; retrieve them via the Exa API.

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