McKAY AND CO. v. GARLAND

No. CA 85-126.

701 S.W.2d 392 (1986)

17 Ark.App. 1

McKAY AND COMPANY, Appellant, v. Charles R. GARLAND, et al., Appellees.

Court of Appeals of Arkansas, Division I.

Rehearing Denied February 5, 1986.


Attorney(s) appearing for the Case

Catlett & Stubblefield by S. Graham Catlett, Little Rock, for appellant.

Richard L. Smith by Fredrick S. Wetzel, III, Little Rock, for appellees.


COOPER, Judge.

The central issue on appeal is whether the chancellor erred in failing to find that the appellees breached the implied covenant of good faith arising out of their exclusive listing agreement with the appellant realty company. We reverse the chancellor's decision, and hold that the appellees acted in bad faith by selling their residence to a purchaser procured by the appellant.

The appellees hired...

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