BAUER v. BEAMON

No. CV-20-265.

663 S.W.3d 388 (2023)

2023 Ark. App. 111

Donnell BAUER and Marilyn Bauer, Appellants/Cross-Appellees v. Jesse Lee BEAMON, Jr., and Mary A. Beamon, Individually and as Trustees of the Jesse Lee Beamon, Jr. and Mary A. Beamon Family Trust Dated 13th October 2015; and the Jesse Lee Beamon Jr. and Mary A. Beamon Family Trust Dated 13th October 2015, Appellees/Cross-Appellants.

Court of Appeals of Arkansas, DIVISIONS I & IV.

Opinion Delivered March 1, 2023.


Attorney(s) appearing for the Case

Kenneth W. Cowan, PLC, by: Kenneth W. Cowan , Fort Smith, for appellants/cross-appellees.

Daily & Woods, P.L.L.C., Fort Smith, by: Jerry L. Canfield , for appellees/cross-appellants.


In May 2016, the appellees, Jesse Lee and Mary A. Beamon, purchased a house from the appellants, Donnell and Marilyn Bauer. After the sale, the Beamons learned that poor soil conditions on an adjoining lot threatened the stability of their new property. They also learned that an improperly installed air conditioning condensate...

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