Donald D. Bowers and Deborah Bowers - Page 22

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            repairman into the house.  Ms. Brenneman observed some sports                              
            equipment in one room of the Burlington house but saw no                                   
            furniture.  She saw some items in the garage and the shed.  She                            
            noted that the property needed some repairs.   Prior to trial,                             
            Ms. Brenneman had never met Mr. Bowers personally.16                                       
            Repairs to the Burlington House                                                            
                  Allen Wilcox (Mr. Wilcox) is a building contractor who                               
            performed repairs to the chimney and roof of the Burlington                                
            house.17  Mr. Wilcox first visited the Burlington house in August                          
            of 1989 and, on August 22, 1989, prepared a proposal for the                               
            repair needed on the chimney.  No one was there when Mr. Wilcox                            
            made his initial visit to the Burlington house.  He sent his                               
            proposal to Mr. Bowers in Florida.  On August 30, 1989, Mr.                                
            Bowers accepted the proposal and wrote a check to Mr. Wilcox in                            
            the amount of $800 as a deposit for the work to be done.                                   
                  In early September after receiving Mr. Bowers' deposit, Mr.                          
            Wilcox and his son performed the requested repairs.  No one was                            
            present at the Burlington house, and the water supply to the                               
            outside faucets was turned off.  Mr. Wilcox contacted a real                               

            unauthorized persons had entered and damaged the properties, and                           
            that the lights were turned off.                                                           
            16 Mickey Wilcox was the listing agent.  He showed the                                     
            Burlington house six times between July 27, 1989, and Aug. 5,                              
            1989.  Mickey Wilcox did not testify at the trial.                                         
            17 Allen Wilcox is Mickey Wilcox's uncle.                                                  

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