Legal Opinion
Pete Smith Co., Inc. v. City of El Dorado
Supreme Court of Arkansas
Decided November 10, 1975No. 75-137PublishedCited by 5 opinions
1Opinion of the Court
Conley Byrd, Justice.
The appellant Pete Smith Company, Inc., contracted with the appellee, City of EJ Dorado, Arkansas, to construct an 18-hole golf course for $230,329.88. After appellant had performed all of the clearing and dirt work in accordance with the contract specification, a torrential rainfall of 12.47 inches occurred in a 10 hour period. Substantial erosion resulted from this rainfall. The undisputed testimony is that it will cost in excess of $60,000 to restore the golf course to its condition prior to the rain. Appellant, by way of a declaratory judgment, sought relief under the…
2Cases cited2 opinions
- Pacific Trading Co., Inc. v. Mouton Rice Milling CoCourt of Appeals for the Eighth Circuit · 1950
- Butterworth v. TellierSupreme Court of Arkansas · 1932
3Cited by5 opinions
- Prudential Insurance Co. of America v. StrattonCourt of Appeals of Arkansas · 1985
- United States v. 3,035.73 Acres of Land, More or Less Situated in Monroe County, State of Arkansas, and S. Norris Broadhead, Personally as Co-Executor of the Sam Broadhead Estate and as Trustee for Sam Broadhead Trust, Paul E. Broadhead A/K/A Paul Elzie Broadhead, Personally as Co-Executor of the Sam Broadhead Estate as Trustee for the Sam Broadhead Trust and as Trustee for the Paul E. Broadhead Trust, Martha P. Broadhead, Sherry Broadhead, C. Dennis Goldman A/K/A Dennis Goldman as Trustee for Paul E. Broadhead Trust, and Unknown Owners v. Tupelo Timber, Inc.Court of Appeals for the Eighth Circuit · 1981
- Prudential Insurance Co. of America v. StrattonCourt of Appeals of Arkansas · 1985
- Ross Explorations, Inc., and Tim R. Smith v. Earl R. Wilson Estate of Clara M. Miller, Deceased Dayton Hale, Jr., and Carol Miller BrittCourt of Appeals for the Eighth Circuit · 1991
- United States v. 3,035.73 Acres of LandCourt of Appeals for the Eighth Circuit · 1981