Gunter & Sawyers v. Road Improvement District No. 1
Supreme Court of Arkansas
Appeal from Grant Circuit Court; W. H. Evans, Judge; STATEMENT BY THE COURT. Appellants, a partnership, engaged in buying bonds, brought this suit against Road Improvement District No. 1 of Grant County and the commissioners thereof, naming them, for damages claimed for the alleged breach of the contract of a sale of bonds of said district, to them.
Read the full summary
Appeal from Grant Circuit Court; W. H. Evans, Judge; STATEMENT BY THE COURT. Appellants, a partnership, engaged in buying bonds, brought this suit against Road Improvement District No. 1 of Grant County and the commissioners thereof, naming them, for damages claimed for the alleged breach of the contract of a sale of bonds of said district, to them. Sealed bids were advertised for and appellants submitted a bid as follows: 18---March--4915. Board of Commissioners of Grant County, Arkansas, Road Improvement District No. 1, Sheridan, Arkansas. Gentlemen: For your $150,000 of 6% road bonds, to…
1Opinion of the CourtKirby, J.
(after stating the facts). It is contended for appellants that the court erred in allowing the introduction of the oral testimony to vary and contradict the terms of the written contract for the sale of the bonds and the contention must be sustained.
It is admitted that the bid was submitted and the contract as set out for the purchase of the bonds duly executed by the parties and it is not claimed that there was any fraud in its procurement and cannot be claimed that there is any uncertainty or ambiguity in its terms. The oral testimony was contemporaneous with the making of the contract,…
2Cases cited5 opinions
- Cox v. SmithSupreme Court of Arkansas · 1911
- Lower v. HickmanSupreme Court of Arkansas · 1906
- Barry-Wehmiller Machinery Co. v. ThompsonSupreme Court of Arkansas · 1907
- Collins v. Southern Brick Co.Supreme Court of Arkansas · 1909
- Johnson v. HughesSupreme Court of Arkansas · 1907
3Cited by1 opinion
- Seelig v. Phillips CountySupreme Court of Arkansas · 1917