McDERMOTT v. STRAUSS

No. 84-42.

678 S.W.2d 334 (1984)

283 Ark. 444

Harry E. McDERMOTT, Jr. and Mary Alice McDermott, Appellants, v. Sam STRAUSS, Jr., Trustee; Ralph Cotham, Jr., Trustee; Little Rock Ob-Gyn Pension Trust; Little Rock Ob-Gyn Profit Sharing Trust; and Fred Selz, Trustee, Appellees.

Supreme Court of Arkansas.

Rehearing Denied December 3, 1984.


Attorney(s) appearing for the Case

Moses, McClellan & McDermott by Harry E. McDermott, III, Little Rock, for appellants.

House, Wallace & Jewell, P.A. by Philip E. Dixon, and Smith, Smith & Duke by William David Duke, Little Rock, for appellees.


HOLLINGSWORTH, Justice.

Fred Selz and Floyd Fulkerson organized a joint venture to purchase and resell the 251 acre Clark farm for potential profits of $50,000 a year forever. The Clarks would sell for $414,000 with $120,000 down payment. In the spring of 1974, several parties were contacted about participating in this joint venture and the eventual amounts paid and percentages of ownership are as follows:

Ralph Cotham:       (Trustee for C.W. Abrams,...

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