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SEAY v. DAVIS

No. 5-4793.

438 S.W.2d 479 (1969)

Kirby C. SEAY et ux., Appellants, v. E. T. DAVIS et al., Appellees.

Supreme Court of Arkansas.

Supplemental Opinion on Denial of Rehearing April 7, 1969.

Attorney(s) appearing for the Case

Don Gillaspie, El Dorado, for appellants.

Spencer & Spencer, El Dorado, for appellees.

GEORGE ROSE SMITH, Justice.

The question is whether the chancellor was right in holding that the plaintiff-appellants were not entitled to accelerate the maturity of a note and mortgage because of the debtors' 48-hour delay in tendering the amount of the third monthly installment. We hold that the chancellor was right.

On April 8, 1968, Seay and his wife sold the Rose Haven Motel in El Dorado to the appellees, E...

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