Legal Opinion

Oliver Construction Co. v. Williams

Supreme Court of Arkansas

Decided March 13, 1922PublishedCited by 14 opinions

Appeal from Faulkner Circuit Court, George W. Ciarle, Judge; STATEMENT OE FACTS. G. C. Williams brought suit in the circuit court against the Oliver Construction Company to recover the sum of $1,811.25 alleged to be due him for labor done and materials furnished to improve the Conway and Damascus road in Faulkner County, Ark. The suit is based upon the provisions of the contract between the Oliver Construction Company and the road district.

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Appeal from Faulkner Circuit Court, George W. Ciarle, Judge; STATEMENT OE FACTS. G. C. Williams brought suit in the circuit court against the Oliver Construction Company to recover the sum of $1,811.25 alleged to be due him for labor done and materials furnished to improve the Conway and Damascus road in Faulkner County, Ark. The suit is based upon the provisions of the contract between the Oliver Construction Company and the road district. The defendant admitted that it entered into a contract with the road improvement district for the construction of the Conway and Damascus road, but denied…

1Opinion of the CourtHart, J.

(after stating facts). It was the theory of the plaintiff that the Oliver Construction Company was liable to him under section 4 of its contract with the road improvement district. The court adopted this theory of the case in its instructions to the jury. The court told the jury that, although the plaintiff was not a party to the contract, if he did any work and labor or furnished any materials towards the construction of the road, he had a cause of action against the defendant for such work or materials, as he had proved that he had earned under the contract fixing the compensation for work…

2Cases cited4 opinions

  1. United States Ex Rel. Hill v. American Surety Co. of NYSupreme Court of the United States · 1906
  2. Philadelphia v. StewartSupreme Court of Pennsylvania · 1902
  3. Reiff v. Redfield School BoardSupreme Court of Arkansas · 1916
  4. Dickinson v. McCoppinSupreme Court of Arkansas · 1915

3Cited by14 opinions

  1. State Ex Rel. Wadsworth v. Southern Surety Co.Supreme Court of Alabama · 1930
  2. C. S. Luck & Sons, Inc. v. BoatwrightSupreme Court of Virginia · 1932
  3. Trinity Universal Insurance Company v. Clyde H. SmithwickCourt of Appeals for the Eighth Circuit · 1955
  4. Holcomb v. American Surety CompanySupreme Court of Arkansas · 1931
  5. Pierce Oil Corporation v. ParkerSupreme Court of Arkansas · 1925

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