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BYME, INC. v. IVY

No. CA 05-28.

226 S.W.3d 15 (2006)

BYME, Inc., Appellant, v. Jackie IVY and Connie Ivy, Appellees.

Court of Appeals of Arkansas, Divisions I, II, and IV.

February 1, 2006.

Attorney(s) appearing for the Case

Wright, Lindsey and Jennings, L.L.P., by: J. Mark Davis and Troy A. Price, Little Rock, for appellant.

Friday, Eldredge and Clark, L.L.P., by: Marvin L. Childers and Bruce B. Tidwell, Little Rock, for appellees.

JOHN B. ROBBINS, Judge.

This is a suit for damages and specific performance brought by appellees Jackie and Connie Ivy against appellant Byme, Inc., d/b/a RE/MAX (hereafter RE/MAX). RE/MAX has consistently defended against the Ivys' claims by asserting that a particular provision of the parties' contract, paragraph 6(f), relieved it from further performance. Prior to this appeal, the Ivys obtained a summary judgment on the ground that paragraph 6(f) was unenforceably...

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