Mitchell v. Caplinger
Supreme Court of Arkansas
Appeal from Benton Chancery Court; T. Haden Humphreys, Chancellor; 1. Under the facts developed in this case and the law as applicable thereto, it is incumbent on appellee to show more than a substantial compliance with his contract.
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Appeal from Benton Chancery Court; T. Haden Humphreys, Chancellor; 1. Under the facts developed in this case and the law as applicable thereto, it is incumbent on appellee to show more than a substantial compliance with his contract. “When there is a wilful refusal by the contractor to perform his contract, and he wholly abandons it, and after due notice refuses to have any more to do with it, his right to recover depends upon performance of his contract without any omission so substantial in its character as to call for an allowance of damages, if he had acted in good faith.” 29 N. E. 1017,…
1Opinion of the CourtKirby, J.
Appellee brought suit in the Benton Chancery Court against appellants for a balance of $1,119.23 claimed to be due him upon a written contract under the terms of which he constructed the foundation walls and floor of a store building for appellants.
Appellants denied that appellee had constructed the walls in accordance with the contract; alleged that by reason of defective cement blocks used in their construction the walls cracked and the building was unsafe for occupancy or completion of the other parts by other contractors; that appellee refused to repair it; that it was necessary to make…
2Cases cited2 opinions
- Fitzgerald v. La PorteSupreme Court of Arkansas · 1897
- Ark-Mo Zinc Co. v. PattersonSupreme Court of Arkansas · 1906
3Cited by15 opinions
- Atkinson v. Jackson Bros.Texas Commission of Appeals · 1925
- Harrop v. National Loan & Investment Co. of DetroitCourt of Appeals of Texas · 1918
- Carter v. QuickSupreme Court of Arkansas · 1978
- Block v. HappSupreme Court of Georgia · 1915
- Pickens v. StroudCourt of Appeals of Arkansas · 1983
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