United States Fidelity & Guaranty Co. v. Board of Commissioners Sewer Improvement District No. 1
Supreme Court of Arkansas
Appeal from Mississippi Chancery Court, Chickasawba District; Archer Wheatley, Chancellor; 1. • The facts proven show substantial performance of the contract and the engineers of the district so found and reported and the sewer was accepted. Knowing of all defects and having $12,000 to remedy these defects assumed the task of remedying them and expended over $8,000 foolishly and for additional matters which were the fault of the board’s engineer and not of the contractor.
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Appeal from Mississippi Chancery Court, Chickasawba District; Archer Wheatley, Chancellor; 1. • The facts proven show substantial performance of the contract and the engineers of the district so found and reported and the sewer was accepted. Knowing of all defects and having $12,000 to remedy these defects assumed the task of remedying them and expended over $8,000 foolishly and for additional matters which were the fault of the board’s engineer and not of the contractor. A careful inspection should have been made and attention of the contractor called thereto. It was unjust for the board to…
1Opinion of the CourtSmith, J.
Sewer Improvement District No. 1 of the city of Blytheville was formed in 1912 to construct a sewer system for that city, and Messrs. Lange, Mahan and Fields were appointed commissioners. These commissioners employed R. C. Huston, a civil engineer of. Memphis, Tennessee, to prepare plans and specifications for the district, and the plans thus prepared were submitted to Hiram Phillips, a civil engineer of St. Louis, Missouri, who was at the time the consulting engineer for the water works system of Blytheville. Huston redrafted his plans to conform to the suggestions made by Phillips, and the…
2Cases cited11 opinions
- Boston Store v. SchleuterSupreme Court of Arkansas · 1908
- Hot Springs Ry. Co. v. MaherSupreme Court of Arkansas · 1886
- Carlile v. CorriganSupreme Court of Arkansas · 1907
- Ark-Mo Zinc Co. v. PattersonSupreme Court of Arkansas · 1906
- Chapman & Dewey Land Co. v. WilsonSupreme Court of Arkansas · 1909
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3Cited by5 opinions
- American Surety Co. v. Kinnear Manufacturing Co.Supreme Court of Arkansas · 1932
- American Surety Co. v. Kinnear Manufacturing Co.Supreme Court of Arkansas · 1930
- Grady-Gould Watershed Improvement District v. Transamerica InsuranceCourt of Appeals for the Eighth Circuit · 1978
- Tennessee Valley School v. United States Fidelity & Guaranty Co.Court of Appeals of Texas · 1923
- Grady-Gould Watershed Improvement District Of Jefferson, Lincoln And Desha Counties, Arkansas v. Transamerica Insurance CompanyCourt of Appeals for the Eighth Circuit · 1978