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SELLERS v. WEST-ARK CONST. CO.

No. 84-40.

676 S.W.2d 726 (1984)

283 Ark. 341

Don SELLERS, Carl Winn and Cloverleaf Apartments, Appellants, v. WEST-ARK CONSTRUCTION COMPANY, Appellee.

Supreme Court of Arkansas.

October 8, 1984.

Attorney(s) appearing for the Case

Bethell, Callaway, Robertson & Beasley by Edgar E. Bethell, Fort Smith, for appellants.

Phillip J. Taylor, Fort Smith, for appellee.

HUBBELL, Chief Justice.

After submitting a low bid of $239,975.00, appellee, West-Ark Construction Co., was awarded a contract to build an apartment project for appellants, Don Sellers and Carl Winn. The appellants had paid $25,000.00 for the project site and had obtained a loan to build the project from Farmers Home Administration in the amount of $260,000.00. Appellee completed the construction and was paid during the course of construction $239,975.00 plus $8,275...

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