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WADE v. PIONEER CONTRACTING COMPANY

No. 5-4385.

424 S.W.2d 852 (1968)

244 Ark. 297

Marshall WADE, d/b/a Wade Construction Company, Appellant, v. PIONEER CONTRACTING COMPANY, Inc., Appellee.

Supreme Court of Arkansas.

March 4, 1968.

Attorney(s) appearing for the Case

Bruce Ivy, Osceola, and Wright, Lindsey & Jennings, Little Rock, for appellant.

William V. Alexander, and Henry J. Swift, Osceola, for appellee.

BYRD, Justice.

Appellant Marshall Wade, d/b/a Wade Construction Company, appeals from a judgment in favor of Pioneer Contracting Company, Inc., rendered upon Wade's alleged nonperformance of his subcontract with Pioneer for the common excavation and low-grade embankment material on a two-mile section of Interstate Highway 55 in Mississippi County, Arkansas. Sections 2 and 3 of the subcontract, being the two items here involved, provided:

"Section 2. Subcontractor...

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