FENNELL v. ROSS

No. 85-178.

711 S.W.2d 793 (1986)

289 Ark. 374

James E. FENNELL et ux, Appellants, v. Billy J. ROSS et ux, Appellees.

Supreme Court of Arkansas.

June 30, 1986.


Attorney(s) appearing for the Case

Hartenstein, Lassiter & Oberlag by Ray Hartenstein, Little Rock, for appellants.

Ralph M. Cloar, Jr., Little Rock, for appellee.


NEWBERN, Justice.

This is an appeal from a judgment awarding the appellees, the Rosses, who were the sellers, damages for breach of a real estate sale contract against the appellants, the Fennells, who were the buyers. The Fennells answered, contending they had properly rescinded the contract, and they filed a separate counterclaim seeking restitution in the sum of the earnest money they had paid. The basis of the rescission asserted by the Fennells was that the Rosses...

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