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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
15(...continued)
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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