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HOWELL v. WORTH JAMES CONST. CO.

No. 75-367.

535 S.W.2d 826 (1976)

Robert HOWELL and Tall Timber Development Corporation, Appellants, v. WORTH JAMES CONSTRUCTION COMPANY, Appellee and Cross-Appellant.

Supreme Court of Arkansas.

April 26, 1976.

Attorney(s) appearing for the Case

Spitzberg, Mitchell & Hays by Beresford L. Church, Jr., Little Rock, for appellant Tall Timber Development Corp.

Smith, Williams, Friday, Eldredge & Clark, Little Rock, for Worth James Construction Co.

HOLT, Justice.

The appellant Tall Timber Development Corporation is the owner and developer of Tall Timber subdivision. In March, 1973, Tall Timber Development Corporation entered into a contract with the appellee Worth James Construction Company. Pursuant to this contract, the appellee constructed water and sewer lines for the subdivision. The appellee was fully paid the contract price of $363,672.22. In October, 1973, the appellant Tall Timber entered into a separate...

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