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J.O. Hooker (D) was the general contractor to remove and install cabinets for the Bessemer Public Housing Authority. D hired Robert Cabinet (P) to remove the cabinets and install new ones. A dispute arose over the required disposition of the removed cabinets and D sent P a fax considering the contract null and void and offered to buy cabinets that P had already installed. P sued D. The trial court gave summary judgment to P, and a trial for damages was held, and the jury awarded $42,870. D appealed.

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