Quimbee logo
DMCA.com Protection Status
From our private database of 16,800+ case briefs...

Wilson v. Hays

Texas Court of Civil Appeals
544 S.W.2d 833 (1976)


W. D. Hays (plaintiff) orally contracted with Bobby Wilson (defendant) for Wilson to sell and deliver to Hays 600,000 used, uncleaned bricks for one cent per brick. Hays paid Wilson $6,000 in advance, but Wilson delivered fewer bricks than provided for in the contract. Hays sued Wilson for breach of contract, seeking the price of the bricks that Hays never received, as well as consequential damages. Hays did not present evidence at trial that he had made any attempt to cover by obtaining substitute goods or to otherwise mitigate his loss. Hays did not present evidence of lost profits. The jury found that Hays had lost $6,250 in profits from the failure to deliver the full amount of bricks, that Hays had saved $2,605 in expenses because of this failure, and that Hays’s net lost profits were $3,645. Wilson appealed.

Rule of Law


Holding and Reasoning (James, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 449,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 449,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 16,800 briefs, keyed to 224 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial