CYCLE CENTER, INC. v. ALLEN

No. CA 84-297.

686 S.W.2d 808 (1985)

14 Ark.App. 215

CYCLE CENTER, INC., Appellant, v. James R. ALLEN, Appellee.

Court of Appeals of Arkansas, Division I.

Rehearing Denied April 24, 1985.


Attorney(s) appearing for the Case

James L. Hall, Pine Bluff, for appellant.

L. David Stubbs, Dumas, for appellee.


CLONINGER, Judge.

Appellant, Cycle Center, Inc., argues on this appeal that the trial court erred in finding that a novation had occurred which relieved appellee, James R. Allen, of any indebtedness owed appellant for the purchase of a used motorcycle.

We are able to conclude that appellee made one payment on the indebtedness, and then returned the cycle to appellant for repairs; that a third party, Johnny Fair, took possession of the cycle and made payments...

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