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.)
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