Hays (P) bought and sold used buildings materials. Wilson (D) was in the business of wrecking or demolishing buildings. P and D entered into an oral contract for D to sell and deliver 600,000 used uncleaned bricks to P at a price of one cent per brick. P paid D $6,000 in advance. D delivered the uncleaned bricks to P. D delivered a lesser number than agreed upon and was 200,000 units short. P sued D to get his pro rata share of money returned and damages. The jury found that D was 200,000 units short and that the market value of used bricks was five cents per brick. P got the judgment for $13,645. D appealed.

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