C. & A. CONST. CO., INC. v. BENNING CONST. COMPANY

No. 73-296.

509 S.W.2d 302 (1974)

C. & A. CONSTRUCTION COMPANY, INC., Appellant, v. BENNING CONSTRUCTION COMPANY, Appellee.

Supreme Court of Arkansas.

May 20, 1974.


Attorney(s) appearing for the Case

Rose, Nash, Williamson, Carroll & Clay, W. Dane Clay and Webster L. Hubbell, Little Rock, for appellant.

Coleman, Gantt, Ramsay & Cox, Pine Bluff, for appellee.


HOLT, Justice.

The appellant and appellee are subcontractors who entered into an agreement involving the installation of sewer lines. Paragraph 7 of the agreement between these parties provided:

It is further agreed that the 2nd subcontractor will receive $20,000 for supervision which will be added to the actual cost figure. It is further agreed that the difference between actual cost and bid price will be divided as follows: 331/3% to 2nd subcontractor; 662...

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