Lincoln v. Little Rock Granite Co.
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court. 1. The court erred in its instructions to the jury. Mans. Dig. secs. 4944-8, 5028, 5031; 30 Ark. 399; 44 id* 486; 54 id. 525. 2. The first four instructions refused were based on 14 Ark. 315; 5 Mich. 123. A sum may be agreed on as liquidated damages. Por a failure to perform work, the amount may be fixed in the contract. 1 Suth. Dam. 471; Sedg. Dam. 489; Wood’s Mayne on Dam. 157; 14 Ark. 315; ,54 Ark. 141..
1Opinion of the CourtHughes, J.
The complaint is as follows: “The plaintiff states that the Little Rock Granite Company is a corporation duly established by the laws of Arkansas, and on the 10th day of October, 1889, and theretofore, the Arkansas Granite Company was a corporation duly established by the laws of said State. That on said date the defendant was justly indebted to the Arkansas Granite Company in the sum of $1310.32 for work done and materials furnished by it for the defendant, at his special instance and request, and according to the account hereto attached and made part of this complaint, and to balance the…
2Cited by7 opinions
- Nilson v. JonesboroSupreme Court of Arkansas · 1893
- Cox v. SmithSupreme Court of Arkansas · 1910
- Young v. GautSupreme Court of Arkansas · 1901
- Blackwood v. LiebkeSupreme Court of Arkansas · 1908
- Nevada County Bank v. SullivanSupreme Court of Arkansas · 1916
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