SMITH v. WHITENER

No. CA 92-986.

856 S.W.2d 328 (1993)

42 Ark.App. 225

Jimmy SMITH, Appellant, v. Billy Ray WHITENER, Appellee.

Court of Appeals of Arkansas, En Banc.

June 30, 1993.


Attorney(s) appearing for the Case

Paul Petty, Searcy, for appellant.

No brief filed for appellee.


PITTMAN, Judge.

Jimmy Smith appeals from an order dismissing his action seeking restitution from appellee Billy Ray Whitener for unjust enrichment. We reverse.

The facts of the case are essentially undisputed. Patricia Birlson owned property in White County that she encumbered with a mortgage in favor of Newport Federal Savings & Loan (Newport Federal). In 1980, Birlson sold all but one acre of the property to appellee. In conjunction with his purchase...

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