Arkansas State Licensing Board for General Contractors v. Rosamond
Docket: 4-9418
Court: Supreme Court of Arkansas; March 12, 1951; Arkansas; State Supreme Court
A decree dismissed the appellant's petition for injunctive relief against the appellee, alleging a violation of the Arkansas General Contracting licensing law (Act 124 of 1939). The appellant claimed that the appellee was acting as a general contractor by supervising the construction of a motor court and hotel in Hot Springs, costing over $100,000, without the required license. The appellee defended himself by asserting that he was merely acting as an employee and not as a general contractor. The trial court upheld the appellee’s defense. The facts were undisputed, and the case referenced a prior ruling in Arkansas State Licensing Board for General Contractors v. Lane, which had similar circumstances. The court had previously ruled against the appellant's claim that Lane was a general contractor under the licensing law. In this case, the appellee, Rosamond, was employed by the owner, Mr. Anthony, as a foreman, with no contractual obligations beyond following Anthony's directives. Rosamond confirmed he was paid a weekly salary based on hours worked, and he had no authority to pay workers or purchase materials independently; all payments were made by Anthony. Although he had some authority to hire or discharge workers, these actions could be overridden by Anthony. The appellant suggested overruling the Lane decision, but the court declined, affirming that ruling as applicable to the current case. Consequently, the decree to dismiss the appellant's petition was upheld.