WILSON V. HAYS
544 S.W. 2d 833 (1976)
NATURE OF THE CASE: This was a dispute over an oral contract to sell bricks. Wilson (D),
salvage company, sought review of an order, which awarded Hays (P), building material buyer,
$13,645 in damages after D delivered 400,000 bricks instead of the agreed upon amount of
600,000 bricks.
FACTS: Hays (P) bought and sold used buildings materials. Wilson (D) was in the business
of wrecking or demolishing buildings. P and D entered into an oral contract for D to sell
and deliver 600,000 used uncleaned bricks to P at a price of one cent per brick. P paid D
$6,000 in advance. D delivered the uncleaned bricks to P. D delivered a lesser number than
agreed upon and was 200,000 units short. P sued D to get his prorata share of money returned
and damages. The jury found that D was 200,000 units short and that the market value of used
bricks was five cents per brick. P got the judgment for $13,645. D appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
Get
free access to the entire content for Mac, PC or Online
for 2-3 days and free samples
of all kinds of products.
for 2-3 days and free samples of all kinds of products.
https://bsmsphd.com
© 2007-2016 Abn Study Partner
No comments:
Post a Comment