BROWN PROPERTIES, INC. v. LOOPER

No. 87-46.

732 S.W.2d 471 (1987)

293 Ark. 133

BROWN PROPERTIES, INC. & Dale McGinnis, Appellants, v. Danny O. & Cheryl LOOPER, Monty L. & Karen Sue Holmes, and Arvel & Maudine Holmes, Appellees.

Supreme Court of Arkansas.

July 20, 1987.


Attorney(s) appearing for the Case

Perroni, Rauls & Looney by Stanley D. Rauls, Judieth P. Balentine, Little Rock, for appellants.

Howell, Price, Trice, Basham & Hope by Ronald A. Hope, Hoofman & Bingham by Cliff Hoofman, N. Little Rock, for appellees.


DUDLEY, Justice.

The question presented is whether the chancellor erred in finding that the parties intended for an easement for ingress and egress to permit the holder to pave the roadway and to install utilities underneath the surface of the land. We hold that the chancellor was correct in finding that they intended for the roadway to be paved, but that he erred in finding that underground utilities construction was contemplated by the parties to the purchase agreement...

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