F&P Builders v. Lowe’s of Texas, Inc.
Texas Court of Appeals
786 S.W.2d 502 (1990)
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
Holding and Reasoning (Baker, J.)
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