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COUNTRY GENTLEMAN, INC. v. HARKEY

No. 77-419.

569 S.W.2d 649 (1978)

COUNTRY GENTLEMAN, INC., Appellant, v. Grettle HARKEY, Appellee.

Supreme Court of Arkansas, Division 1.

Rehearing Denied September 25, 1978.

Attorney(s) appearing for the Case

Little, Lawrence, McCollum & Mixon by James G. Mixon, Bentonville, for appellant.

Oliver L. Adams, Jr., Rogers, for appellee.

GEORGE ROSE SMITH, Justice.

The appellant, as the lessee in a 10-year lease upon a restaurant in the city of Rogers, brought this suit for rescission of the lease on the ground that the mere existence of an outstanding mortgage on the leased realty constituted a breach of contract by the lessor. The complaint also sought to recover four items of damages, totaling $58,258.78. In answer to the complaint the lessor also sought a rescission of the lease and damages of...

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