CUNNINGHAM v. CUNNINGHAM

No. 5-466.

272 S.W.2d 52 (1954)

Ernest CUNNINGHAM, Appellant, v. Albert CUNNINGHAM and Mamie Cunningham, Appellees.

Supreme Court of Arkansas.

November 1, 1954.


Attorney(s) appearing for the Case

Green & Green, West Plains, Mo, Oscar E. Ellis, Salem, for appellant.

Herrn Northcutt, Salem, for appellee.


GRIFFIN SMITH, Chief Justice.

Appellant's petition for specific performance of a contract evidencing Ernest Cunningham's agreement with his brother, Albert, to pay $2,250 for 410 acres, was dismissed and Ernest has appealed.

The writing was executed in 1945. The buyer's obligation was to pay as much as he could during the first two years, without interest. At the end of two years the unpaid balance was to draw interest at two and a half percent annually, ...

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