Fitzgerald v. La Porte
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, Second Division. Joseph W. Martin, Judge. STATEMENT BY THE COURT. This action was brought in a justice’s court by appellee, William La Porte, against Edward Fitzgerald and J. F. Callaghan, to recover a balance claimed to be due for work and labor performed under contract.
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Appeal from Pulaski Circuit Court, Second Division. Joseph W. Martin, Judge. STATEMENT BY THE COURT. This action was brought in a justice’s court by appellee, William La Porte, against Edward Fitzgerald and J. F. Callaghan, to recover a balance claimed to be due for work and labor performed under contract. La Porte agreed with the appellants to lay the tiling and do the marble work in St. Andrews’ Cathedral, at Little Rock, for a price named, the work to be performed in a “good and workmanlike manner.” The defense to the claim was that the work was not done in accordance with the contract. On…
1Opinion of the Court
Riddick, J.,
(after stating the facts.) We are of the opinion that the judgment of the circuit court should be reversed.
The evidence is conflicting and sufficient to support the verdict, but there appears to be an error in the instruction of the presiding judge, calculated in this case to mislead the jury. The appellee contracted that he would perform the work for the price of which he sues in “a good and workmanlike manner.” The learned judge of the circuit court instructed the jury that these words “were to be construed in their usual and ordinary acceptance among skilled workmen in the…
2Cases cited1 opinion
- Cook v. HawkinsSupreme Court of Arkansas · 1891
3Cited by18 opinions
- Carter v. QuickSupreme Court of Arkansas · 1978
- Ideal Heating Co. v. KramerSupreme Court of Iowa · 1905
- Burnett Bean v. MillerSupreme Court of Alabama · 1921
- Mitchell v. CaplingerSupreme Court of Arkansas · 1911
- Williams v. Board of Directors of Carden's Bottom Levee District No. 2Supreme Court of Arkansas · 1911
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