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ARKHOLA SAND & GRAVEL CO. v. HUTCHINSON

No. 86-215.

726 S.W.2d 674 (1987)

291 Ark. 570

ARKHOLA SAND & GRAVEL COMPANY, a DIVISION OF APAC-ARKANSAS, INC., Appellant, v. Rick HUTCHINSON; Rusty Goodman; Martin E. Lancaster, and Sandra Lancaster, Appellees.

Supreme Court of Arkansas.

March 30, 1987.

Attorney(s) appearing for the Case

Daily, West, Core, Coffman & Canfield by Jerry Canfield, Fort Smith, for appellant.

Ball, Mourton & Adams by Stephen E. Adams, Fayetteville, for appellees.

HAYS, Justice.

Arkhola Sand and Gravel Company, appellant, appeals the dismissal of its suit to enforce a materialmen's lien against Martin and Sandra Lancaster, appellees.

The Lancasters, owners of a convenience store, had engaged Rick Hutchinson and Rusty Goodman, defendants below, to build a car wash adjacent to their store. Arkhola sold materials to Hutchinson and Goodman used in the construction of the car wash. When Hutchinson and Goodman failed to pay...

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