Robert C. Davis, Jr. - Page 20

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          to treat the time when he first became aware of any aspect of the           
          custom house theft loss as the time when he discovered such loss,           
          we turn to petitioner’s claim that he discovered the custom house           
          theft loss in October 2000.  In support of that claim, petitioner           
          relies on his testimony with respect to the alleged brick theft             
          and the alleged humidifier theft.  We found petitioner’s testi-             
          mony regarding the alleged brick theft to be questionable and               
          inconsistent with certain other testimony of petitioner.  Peti-             
          tioner testified:                                                           
               In October 2004,[6] we were discussing with Mona Build-                
               ers the price that we had been charged and a payment we                
               had made to them for bricks.                                           
                    The [custom house] contract specifies in the                      
               allowance paragraph that the bricks were supposed to be                
               charged at $450,000.  Excuse me.  $450 per 1,000                       
               bricks.  At that point we knew that we had already just                
               paid them for about 40,000 bricks.                                     
                    We visited the brick dealer because we recognized                 
               that the price we had been quoted by the brick subcon-                 
               tractor was $310 per 1,000. * * *                                      
                  *       *       *       *       *       *       *                   
                    * * * Despite asking for them, we received no                     
               invoices certifying the price of the bricks, and the                   
               only way we were ultimately able to obtain those in-                   
               voices was through the litigation that we started with                 
               Mona Builders over the problems with the house.                        
                    When we received those invoices, they showed that                 
               the bricks were in fact charged that $310 per 1,000.                   
               [Emphasis added.]                                                      



               6See supra note 5.                                                     




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