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ALLEY v. RODGERS

No. 80-71.

599 S.W.2d 739 (1980)

Thane G. ALLEY, Guardian of the Person and Estate of Cyrus Johnson, Appellant, v. Raboo RODGERS and Henry Morgan, Appellees.

Supreme Court of Arkansas.

June 16, 1980.

Attorney(s) appearing for the Case

Arnold & Demott, by Steve Demott, Arkadelphia, for appellant.

Janice O. Williams, Arkadelphia, for appellees.

HOLT, Justice.

Cyrus Johnson, now deceased, agreed to purchase three mobile homes from appellees. The contract provided that the purchase price of $9,500 would be paid as follows:

Two Thousand Dollars ($2,000.00) down payment, and balance of Seven Thousand Five Hundred Dollars, ($7,500.00) due within 60 days of the execution of this contract; . . [Cyrus Johnson] agrees that down payment is to be considered as earnest money and liquidated damages...

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