Legal Opinion

Inland Construction Co. v. Rector

Supreme Court of Arkansas

Decided March 11, 1918PublishedCited by 7 opinions

Appeal from Cleburne Chancery Court; G. T. Humphries, Chancellor; 1. The finding of the engineer is conclusive. 48 Ark. 522; 68 Id. 187; 79 Id. 513; 83 Id. 140, 142; 93 Id. 31-41. See also 212 U. S. 18; 3 Cyc. 621. 2. The damages awarded are excessive. 33 Ark. 751; 64 Id. 35; 67 Icl. 219. 3. The sureties were discharged by modification of plans and contract. 6 Cyc. 82; 120 Ark. 527. 1. The court did not err in finding for appellees upon the merits and they were entitled to…

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Appeal from Cleburne Chancery Court; G. T. Humphries, Chancellor; 1. The finding of the engineer is conclusive. 48 Ark. 522; 68 Id. 187; 79 Id. 513; 83 Id. 140, 142; 93 Id. 31-41. See also 212 U. S. 18; 3 Cyc. 621. 2. The damages awarded are excessive. 33 Ark. 751; 64 Id. 35; 67 Icl. 219. 3. The sureties were discharged by modification of plans and contract. 6 Cyc. 82; 120 Ark. 527. 1. The court did not err in finding for appellees upon the merits and they were entitled to judgment. The funds of the district were obtained by appellants illegally and without legal authority. The contracts were…

1Opinion of the CourtMcCULLOCH, C. J.

An improvement district was formed in the town of Heber Springs for the purpose of constructing waterworks and sewers, and after the completion of the organization of the district the board of improvement let the contract for the construction of the improvement to appellant, Inland Construction Company, the contract price being the sum of $50,800 for the.construction of the waterworks and $33,950 for the construction of the sewer system. The original contracts between appellant and the board of improvement were entered into on October 26, 1915, but the contracts were subsequently modified in…

2Cases cited4 opinions

  1. State v. CarrollSupreme Court of Connecticut · 1871
  2. Petersilea v. StoneMassachusetts Supreme Judicial Court · 1876
  3. Faucette v. GerlachSupreme Court of Arkansas · 1918
  4. Woodside v. WaggSupreme Judicial Court of Maine · 1880

3Cited by7 opinions

  1. Bd. of Improvement of Gravette Waterworks Improvement District v. CarmanSupreme Court of Arkansas · 1919
  2. Center Hill School District No. 32 v. HuntSupreme Court of Arkansas · 1937
  3. Allen v. SellersSupreme Court of Arkansas · 1919
  4. Carroll v. Leemon Special School DistrictSupreme Court of Arkansas · 1927
  5. Gardner v. GossSupreme Court of Arkansas · 1921

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