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Contracts Keyed to Barnett
J.O. Hooker & Sons v. Roberts Cabinet Co.
Citation:
683 So.2d 396 (Miss. 1996)Facts
J.O. Hooker was the general contractor for renovation of residences owned by the BPHA. The contract provided the BPHA an option to keep or salvage fixtures that would be removed during the renovation process, at which time J.O. Hooker was obligated to move the cabinets to a location of BPHA’s choosing. If the BPHA elected not to keep the cabinets, J.O. Hooker could keep them.
J.O. Hooker entered a subcontract with Roberts Cabinet to remove the old cabinets and install new ones. As the deadline approached, Roberts Cabinet told J.O. Hooker it would need another $23,000 to complete performance. Having no choice, J.O. Hooker paid the extra $23,000. Later, J.O. Hooker and Roberts Cabinet disputed over who had the duty to remove the cabinets as required in the BPHA general contract.
Roberts Cabinet sued J.O. Hooker for breach of the subcontract agreement after Roberts had already begun performance.
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