Williams v. Board of Directors of Carden's Bottom Levee District No. 2
Supreme Court of Arkansas
Appeal from Yell Circuit Court; Hugh Basham, Judge; statement by the court. Appellants sued appellee to recover an amount alleged to be due for the building of six culverts. Appellee defended on the ground that the work was not done according to the contract, and that the work as done was defective.
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Appeal from Yell Circuit Court; Hugh Basham, Judge; statement by the court. Appellants sued appellee to recover an amount alleged to be due for the building of six culverts. Appellee defended on the ground that the work was not done according to the contract, and that the work as done was defective. The work was undertaken under a contract between appellants and appellee, which is as follows: “Witnesseth: That, for and in consideration of the payment and covenants hereinafter mentioned to be made and performed by the said board of directors, the said party of the first part hereby covenants…
1Opinion of the Court
Hart, J.,
(after stating the facts.) 1. The contract called for the construction of six reinforced concrete culverts. It is admitted that the first three were constructed of concrete, and that the last three were of rubble masonry. There is no dispute between the parties but that this was a change from the terms of the contract, and that such change was authorized by the chief engineer. It is contended by counsel for appellant that the contract authorized the chief engineer to make this change. On the other hand, it is insisted by counsel-for appellee that the contract gave the engineer no…
2Cases cited2 opinions
- Boston Store v. SchleuterSupreme Court of Arkansas · 1908
- Fitzgerald v. La PorteSupreme Court of Arkansas · 1897
3Cited by11 opinions
- Goset v. GosetSupreme Court of Arkansas · 1914
- Drainage District No. 5 or Lonoke County v. KochtitzkySupreme Court of Arkansas · 1920
- Lewelling & Price-Williams v. St. Francis County Road Improvement District No. 1Supreme Court of Arkansas · 1923
- Connelly v. ParkesSupreme Court of Arkansas · 1923
- United States Fidelity & Guaranty Co. v. Board of Commissioners Sewer Improvement District No. 1Supreme Court of Arkansas · 1919
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