PENTZ v. ROMINE

No. CA 01-363.

57 S.W.3d 235 (2001)

75 Ark.App. 274

Jim PENTZ and Jeannie Pentz v. Al ROMINE and Chris Romine.

Court of Appeals of Arkansas, Division II.

October 24, 2001.


Attorney(s) appearing for the Case

Harry McDermott, Fayetteville, for appellants.

Ball & Mourton, Ltd., PLLC, by: David G. Bercaw, Fayetteville, for appellees.


SAM BIRD, Judge.

On October 9, 1990, James and Jeannie Pentz (Pentz) entered into a contract to purchase a convenience store from Al and Chris Romine (Romine) for $325,000. The contract required Pentz to make a down payment of $4,000 and monthly payments of $3,300, including interest, until the balance of the purchase price was paid. The contract contained a provision stating that the property was not to be "sold, mortgaged, assigned, or in any way encumbered or hypothecated...

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