CHILDS v. GOODE

No. 76-378.

548 S.W.2d 827 (1977)

Robert M. CHILDS, III, et ux, Appellants, v. Dwayne GOODE et al., Appellees.

Supreme Court of Arkansas, Division 1.

April 4, 1977.


Attorney(s) appearing for the Case

George F. Hartje, of Hartje & Burton, Conway, for appellants.

Clark, McNeil & Watson, Conway, for appellees.


HOLT, Justice.

Appellants sought an injunction to restrain appellees from interfering with their possession of leased property. The chancellor dismissed the suit and ordered the lease cancelled, in view of a zoning ordinance, for failure of appellants to comply with the use and occupancy provision of the lease. For reversal appellants assert that the court erred in finding that the lease placed an affirmative duty upon the appellants to operate a grocery store in...

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