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F & P BUILDERS v. LOWE'S OF TEXAS, INC.

No. 05-89-00959-CV.

786 S.W.2d 502 (1990)

F & P BUILDERS, a Partnership, C.C. Freeman and Linda Pierce, Appellants, v. LOWE'S OF TEXAS, INC., Appellee.

Court of Appeals of Texas, Dallas.

Rehearing Denied April 6, 1990.

Attorney(s) appearing for the Case

Milton G. Hammond, Emil Lippe, Jr., Dallas, for appellants.

Randall F. Adair, Susan P. Kravik, Dallas, for appellee.

Before WHITHAM, ROWE and BAKER, JJ.

OPINION

BAKER, Justice.

The sole issue in this sworn account case is whether, subsequent to delivery and acceptance of goods by a buyer, the seller has the duty to mitigate its damages by accepting a return of the goods upon the buyer's request. We hold that it does not.

F & P Builders ordered construction products from Lowe's. Lowe's delivered the products, and F & P accepted them. F & P was...

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