BATES v. SIMMONS

No. 75-389.

536 S.W.2d 292 (1976)

Philip C. BATES and Shirley J. Bates, Appellants, v. George R. SIMMONS and Jewel Ann Simmons, Appellees.

Supreme Court of Arkansas.

May 3, 1976.


Attorney(s) appearing for the Case

Gean, Gean & Gean by Roy R. Gean, Jr., and Lawrence W. Fitting, Fort Smith, for appellants.

N. D. Edwards, Van Buren, for appellees.


FOGLEMAN, Justice.

Appellants brought this action to rescind a contract for the purchase of property from the appellees, asserting misrepresentation, mutual mistake and failure of consideration. The contract was entered into on November 24, 1969. For a consideration of $17,500, payable at the rate of $150 per month, plus interest, and an additional payment of $500 per year beginning in 1970, the Simmonses sold the Bates property described as:

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