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Remedies Keyed to Tabb, 8th
Wilson v. Hays
Citation:
544 S.W.2d 833 (1976)Facts
In March 1972, Plaintiff W. D. Hays, who was in the business of buying and selling used building materials, became interested in purchasing used, uncleaned bricks from Defendant Bobby Wilson, who operated Wilson Salvage Company and was demolishing buildings in Midland, Texas. The parties entered into an oral agreement whereby Wilson agreed to sell and deliver 600,000 used uncleaned bricks to Hays at a price of one cent per brick. Hays paid Wilson $6,000.00 in advance for the entire quantity. Wilson delivered the bricks to a designated area where Hays had hired workers to clean and stack them. However, Wilson delivered only 400,000 bricks instead of the agreed-upon 600,000 bricks, leaving a shortfall of 200,000 bricks for which Hays had already paid.
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