Southern Surety Co. v. Perdue
Supreme Court of Arkansas
Appeal from Jefferson Circuit Court; W. B. Sorrells, Judge; 1. The defendants were liable for the second premium. The blank in the application was properly filled. 105 Ark. 243; 96 Id. 110; 2 Cyc. 159. ¡ 2. The contract was not void for lack of mutuality. 96 Ark. 184-8. Defendants received the benefits of the bond. 91 Ark. 367; 94 Id. 12; 113 Id. 556, 563. See also, 9 Cyc. 329; 45 N. T. 45; 6 Am.
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Appeal from Jefferson Circuit Court; W. B. Sorrells, Judge; 1. The defendants were liable for the second premium. The blank in the application was properly filled. 105 Ark. 243; 96 Id. 110; 2 Cyc. 159. ¡ 2. The contract was not void for lack of mutuality. 96 Ark. 184-8. Defendants received the benefits of the bond. 91 Ark. 367; 94 Id. 12; 113 Id. 556, 563. See also, 9 Cyc. 329; 45 N. T. 45; 6 Am. Rep. 31; 6 R. C. L. 689. 3. The court erred in admitting the testimony of. witness Perdue. It varied the terms of the written contract, 1. The minds of the parties never met. 9 Cyc. 245-6. 2. There…
1Opinion of the CourtSmith, J.
Appellees were employed by the board of directors of a road improvement district in Lincoln County to construct a road in that county. To guarantee the faithful performance of the contract the board required the contractors to execute a bond, and in pursuance of this requirement appellees made application on September 23, 1914, to the Southwestern Surety Insurance Company through its agent at Pine Bluff for the bond which the road improvement district demanded. The application was accepted and the insurance t company became surety on the bond in the penal sum of thirty-five thousand dollars.…
2Cases cited3 opinions
- White-Wilson-Drew Co. v. EgelhoffSupreme Court of Arkansas · 1910
- George Knapp & Co. v. WilksSupreme Court of Arkansas · 1912
- Aetna Indemnity Co. v. RyanNew York Supreme Court · 1907
3Cited by1 opinion
- Peay v. Southern Surety Co.Supreme Court of Arkansas · 1919