Wilson v. Hays
Texas Court of Civil Appeals
544 S.W.2d 833 (1976)
- Written by Josh Lee, JD
Facts
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
Issue
Holding and Reasoning (James, J.)
What to do next…
Here's why 804,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 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.
