Legal Opinion · Dissent

Perdue & Hill v. Road Improvement District No. 1

Supreme Court of Arkansas

Decided May 14, 1923Published

1DissentMcCulloch, C. J.

I am unable to concur in the vieAV that appellants, if they broke the contract by altogether quitting work without good cause, are entitled to recoAmr anything on the Avork Avhich- the district caused to be done by another contractor after such breach Ava-s committed.

The principle is Avell established that the party who breaks a contract cannot make it the basis of an action to recover compensation under it, or otherwise make it the basis of an action against the other party. Jerome Hardwood Lbr. Co. v. Beaumont Lbr. Co., 157 Ark. 220. The provision of the contract Avas not intended, I think,…

2Cases cited2 opinions

  1. United States v. United States Fidelity & Guaranty Co.Supreme Court of the United States · 1915
  2. Jerome Hardwood Lumber Co. v. Beaumont Lumber Co.Supreme Court of Arkansas · 1923

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