Law School Case Briefs

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J.O. HOOKER & SONS v. ROBERTS CABINET

Supreme Court of Mississippi (1996) | 683 So.2d 396

3 min read

TL;DR: A general contractor improperly terminated a subcontract over a dispute about cabinet disposal. The court held the termination was a wrongful breach because the subcontractor's refusal to perform the disputed task was not a material breach justifying rescission of the entire contract.

Legal Significance: In mixed goods-and-services contracts, common law governs disputes primarily concerning the service aspect. Furthermore, a non-material breach does not justify unilateral termination; the non-breaching party's remedy is to sue for damages while continuing performance.

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