Miller-Jones Furniture Co. v. Fort Smith Ice & Cold Storage Co.
Supreme Court of Arkansas
Appeal from Sebastian County, Ft. Smith District. Edgar E. Bryant, Judge. STATEMENT BY THE COURT. The Fort Smith Ice & Gold Storage Company, desiring to have a building erected for cold storage and other purposes, contracted with one Wickshire for the erection of the same. The-building was to be one story high, and constructed of brick. Wickshire was to furnish all material except the brick, and was to receive the sum of $7,875 for constructing same.
Read the full summary
Appeal from Sebastian County, Ft. Smith District. Edgar E. Bryant, Judge. STATEMENT BY THE COURT. The Fort Smith Ice & Gold Storage Company, desiring to have a building erected for cold storage and other purposes, contracted with one Wickshire for the erection of the same. The-building was to be one story high, and constructed of brick. Wickshire was to furnish all material except the brick, and was to receive the sum of $7,875 for constructing same. He agreed to finish the building on or before the 14th day of October, 1895, and that, if he failed to complete the building at that time, he…
1Opinion of the Court
Riddick, J.,
(after stating the facts.) The only question presented by this appeal is whether the Miller-Jones Furniture Company, surety on the bond of Wickshire for the performance of his contract to erect a building for the Fort Smith Ice & Cold Storage Company, was discharged by the subsequent alteration of the contract. The Cold Storage Company contends that the supplemental contract did not discharge the surety, for the reason that such supplemental contract was within the scope of the first contract, and was therefore assented to by the Furniture Company at the time it signed the bond.…
2Cases cited3 opinions
- Consaul v. SheldonNebraska Supreme Court · 1892
- Dorsey v. McGeeNebraska Supreme Court · 1890
- O'Neal v. KelleySupreme Court of Arkansas · 1898
3Cited by13 opinions
- Maryland Casualty Co. v. City of South NorfolkCourt of Appeals for the Fourth Circuit · 1932
- City of Kennett v. Katz Construction Co.Supreme Court of Missouri · 1918
- Bartlett & Kling v. Illinois Surety Co.Supreme Court of Iowa · 1909
- Lamson v. Maryland Casualty Co.Supreme Court of Iowa · 1923
- Hinton v. StantonSupreme Court of Arkansas · 1914
8 more not listed; retrieve them via the Exa API.