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POFF v. BROWN

No. 08-305.

288 S.W.3d 620 (2008)

John L. POFF, Appellant, v. Harold Ray BROWN, Claude C. Brown and Estate of Thelma Payton, Deceased, Appellees.

Supreme Court of Arkansas.

October 23, 2008.

Attorney(s) appearing for the Case

Richard H. Mays Law Firm, by: Richard H. Mays, Heber Springs, for appellant.

Tilley & Thomas, by: R. Bryan Tilley and Albert Thomas, III, Heber Springs, for appellees.

JIM HANNAH, Chief Justice.

John L. Poff appeals a decision of the Cleburne County Circuit Court refusing to order specific performance on a contract between Poff and Harold Ray Brown. Poff asserts that the circuit court erred in considering the equitable defense of unconscionability because it is an affirmative defense that Brown failed to plead in his answer. He further alleges that the circuit court erred in admission of evidence on which the circuit court based...

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