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FISHER v. JONES

No. 90-271.

816 S.W.2d 865 (1991)

306 Ark. 577

J.D. FISHER, Appellant, v. Gerald JONES, Jones Olds-GMC-Buick, Inc., Mercedes-Benz of North America, Inc., Mercedes-Benz Credit Corporation, Appellees. Kelly HILL, Thelma C. Hill, Hill Investment Company, Hill Motor Cars II, Inc., and Hill Motor Cars, Inc., Appellees/ Cross-Appellants. Mcllroy Bank & Trust Company, Appellee, v. John L. FISHER, James A. Fisher, Fisher Buick, Inc., Fisher Motor Cars, Inc., Mcllroy Bank and Colonel Raymond C. Smith, Cross-Appellees.

Supreme Court of Arkansas.

September 30, 1991.

Attorney(s) appearing for the Case

Joe Benson, Ronald S. Smith, Fayetteville, for appellant.

Richard P. Osborne, Robert R. Estes, Fayetteville, for appellee.

GLAZE, Justice.

This multi-faceted litigation revolves around the February 28, 1986, asset sale of a Mercedes-Benz dealership in Fayetteville, Arkansas by Fisher to Hill1. Hill took possession, continued the business without interruption, and was granted a Mercedes-Benz franchise. In October 1989, Hill defaulted on his monthly payments, shut down the operation, and removed the inventory and most of the supplies and equipment. On October...

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