Billy Williams Builders & Developers, Inc. v. Hillerich
446 S.W. 2d 280 (1969)
Nature of the Case
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Facts
Hillerich (P) sued Williams (D) for specific performance of a contract to convey a house and lot, for damages from defective construction, and damages for delay in performance. Specific performance was ordered, and the case was then transferred to common law where P got a verdict of $3,318 for defective construction and $910.38 for the delay in performance. D appealed; P cannot get both specific performance and damages for the quality of the items ordered to be transferred.
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