SIDES v. KIRCHOFF

No. 93-1308.

874 S.W.2d 373 (1994)

316 Ark. 680

Don SIDES, Appellant, v. Marvin M. KIRCHOFF, Appellee.

Supreme Court of Arkansas.

April 25, 1994.


Attorney(s) appearing for the Case

Leslie R. Ablondi, Little Rock, for appellant.

Donald M. Spears, Malvern, for appellee.


HAYS, Justice.

Donald Sides filed this cause of action in the Hot Spring Circuit Court seeking damages of $30,000 against Marvin Kirchoff for breach of a lease agreement affecting real property in Mississippi.

Marvin Kirchoff moved for summary judgment and, alternatively, for dismissal upon allegations that any cause of action was barred on grounds of res judicata and election of remedies. The motion stated the "complaint has been previously tried and...

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