SMITH v. SIMS

No. CA10-979.

2011 Ark.App. 499

DELLIA SMITH ET AL, Appellants, v. BEVERLY SIMS AND DRUE H. SIMS, Appellees.

Court of Appeals of Arkansas, Division III.

Opinion Delivered September 7, 2011.


JOHN MAUZY PITTMAN, Judge.

This is an appeal from a directed verdict entered against the plaintiffs-appellants in an action to collect on a promissory note. Appellants argue that the trial court erred in directing a verdict against them because the question of payment was an affirmative defense. We agree, and we reverse and remand.

The promissory note secured a real estate transaction between Mrs. W.W. Sizemore and one of her daughters and her husband, appellees...

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