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VACCARO v. SMITH

No. CA 89-181.

779 S.W.2d 193 (1989)

29 Ark.App. 175

A. Anthony VACCARO, Appellant, v. Robert C. SMITH d/b/a Smith & Son Enterprises, Appellee.

Court of Appeals of Arkansas, Division I.

November 8, 1989.

Attorney(s) appearing for the Case

Bryan J. Reis, Hot Springs, for appellant.

Curtis L. Ridgway, Jr., Hot Springs, for appellee.

JENNINGS, Judge.

This was a suit in contract. Appellant, Anthony Vaccaro, lives on Lake Hamilton in Hot Springs. In early 1987, he entered into a written contract with the appellee, Robert C. Smith. Smith was to construct a motorized trolley from Vaccaro's house down a fairly steep incline to his boat dock on the lake. The contract provided:

This contract between Robert C. Smith dba Smith and Sons Enterprises (contractor) and A. Anthony Vaccaro for the construction...

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