BILLY WILLIAMS BUILDERS & DEVELOPERS, INC. V. HILLERICH
446 S.W. 2d 280 (1969)
NATURE OF THE CASE: This was an appeal from an order of specific performance and an award
of damages.
FACTS: Hillerich (P) sued Williams (D) for specific performance of a contract to convey a
house and lot, for damages from defective construction, and for damages for delay in
performance. Specific performance was ordered and the case was then transferred to common
law where P got a verdict of $3,318 for defective construction and $910.38 for the delay in
performance. D appealed; P cannot get both specific performance and damages for the quality
of the items order to be transferred.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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