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F&P Builders v. Lowe’s of Texas, Inc.
Texas Court of Appeals
786 S.W.2d 502 (1990)
Facts
F&P Builders (plaintiff) agreed to buy construction materials from Lowe’s of Texas, Inc. (Lowe’s) (defendant). Lowe’s delivered the materials, and F&P Builders accepted them. However, F&P Builders was unable to pay for the materials. F&P Builders asked to return the materials and asked that Lowe’s come to pick them up. Lowe’s refused. At trial, Lowe’s moved for summary judgment, which the trial court granted. F&P Builders appealed, arguing that Lowe’s had a duty to mitigate damages, which in this case would mean Lowe’s was required to accept the return and pick up the goods.
Rule of Law
Issue
Holding and Reasoning (Baker, J.)
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