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J.O. Hooker & Sons v. Roberts Cabinet Co.

Supreme Court of Mississippi
683 So. 2d 396 (1996)


Facts

J.O. Hooker and Sons Inc. (Hooker) (defendant) entered into a contract with the Bessemer Public Housing Authority in Bessemer, Alabama for the renovation of several residences. The renovation involved removing cabinetry. Hooker entered into a subcontract with Roberts Cabinet Co., Inc. (Roberts) (plaintiff) to remove the old cabinets and supply and install the new cabinets and other related items. The parties disputed who was required to dispose of the old cabinets. The parties could not reach an agreement and Hooker sent a fax to Roberts stating that he considered the contract null and void. Roberts filed suit, claiming that Hooker had breached the subcontract after performance had begun. The trial court granted summary judgment and denied Hooker’s motions for a new trial and remittitur. Hooker appealed.

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Holding and Reasoning (Prather, P.J.)

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