Donnell Bauer and Marilyn Bauer v. Jesse Lee Beamon, Jr., and Mary A. Beamon

Summary

The Supreme Court of Arkansas reversed the damages award because the Beamons did not plead breach of contract, did not amend their complaint, and could not recover contract damages under their fraud-based pleadings. It held that the circuit court properly tried the rescission claim without a jury because rescission is equitable, and it affirmed the denial of rescission because the Beamons waived that remedy by delaying while possessing, repairing, and reclaiming the property. The court also vacated the court of appeals’ opinion.