Ark-Mo Zinc Co. v. Patterson
Supreme Court of Arkansas
Appeal from Marion Chancery Court; T. H. Humphreys, Chancellor; STATEMENT BY THE COURT. The plaintiff, G. M. Patterson, instituted this suit in the chancery court of Marion County against the defendant, Ark-Mo Zinc Company, a New Jersey corporation doing business in this State, to recover the contract price for the erection of a concentrating and ore-dressing plant at the “Climax” zinc mine in Marion County, owned and operated by the defendant, and to enforce a statutory…
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Appeal from Marion Chancery Court; T. H. Humphreys, Chancellor; STATEMENT BY THE COURT. The plaintiff, G. M. Patterson, instituted this suit in the chancery court of Marion County against the defendant, Ark-Mo Zinc Company, a New Jersey corporation doing business in this State, to recover the contract price for the erection of a concentrating and ore-dressing plant at the “Climax” zinc mine in Marion County, owned and operated by the defendant, and to enforce a statutory mechanics’ lien therefor. An unpaid balance of $892.33 is. claimed on the original contract price, and the further sum of…
1Opinion of the Court
McCulloch, J.,
(after stating the facts.) The chancellor found from the evidence certain defects in the constructed plant, but declared that there had been, on the part of the contractor, who seeks to recover the balance of the contract price, a substantial performance of the contract. He declared the law applicable to the facts found to exist, as follows:
“The owner has no right to rescind a contract for the construction of a concentrating plant where the contract provides for partial payments as the work progresses, and large payments are made when the owner has provided for and actually…
2Cases cited15 opinions
- Kihlberg v. United StatesSupreme Court of the United States · 1878
- Martinsburg & Potomac Railroad v. MarchSupreme Court of the United States · 1885
- Sweeney v. United StatesSupreme Court of the United States · 1884
- Chicago, Santa Fé & California Railroad v. PriceSupreme Court of the United States · 1891
- Duplex Safety Boiler Co. v. . GardenNew York Court of Appeals · 1886
10 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Boston Store v. SchleuterSupreme Court of Arkansas · 1908
- Carlile v. CorriganSupreme Court of Arkansas · 1907
- Mitchell v. CaplingerSupreme Court of Arkansas · 1911
- Sanders v. BaggerlySupreme Court of Arkansas · 1910
- Thomas v. JacksonSupreme Court of Arkansas · 1912
11 more not listed; retrieve them via the Exa API.