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PETE SMITH CO., INC. v. CITY OF EL DORADO

No. 75-137.

529 S.W.2d 147 (1975)

PETE SMITH COMPANY, INC., Appellant, v. CITY OF EL DORADO, Arkansas, Appellee.

Supreme Court of Arkansas.

Rehearing Denied December 15, 1976.

Attorney(s) appearing for the Case

Plegge, Lowe & Whitmore, Little Rock, for appellant.

J. V. Spencer, III, City Atty., El Dorado, for appellee.

BYRD, Justice.

The appellant Pete Smith Company, Inc., contracted with the appellee, City of El Dorado, Arkansas, to construct an 18-hole golf course for $230,329.88. After appellant had performed all of the clearing and dirt work in accordance with the contract specification, a torrential rainfall of 12.47 inches occurred in a 10 hour period. Substantial erosion resulted from this rainfall. The undisputed testimony is...

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