Question: Jacobs Builders entered into a contract with Kent to build him a home. The agreement stated that Jacobs would use only certain brand-name materials. Upon

Jacobs Builders entered into a contract with Kent to build him a home. The agreement stated that Jacobs would use only certain brand-name materials. Upon completion of the home, Kent discovered that Jacobs had installed high-quality, but not brand-name, pipes throughout the house. This was an oversight, which even the architect failed to catch. Kent asked Jacobs to replace all the pipes, but this meant destroying all of the floors and walls in the house. Should Kent have to rebuild the house to get paid?

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Based on Jacobs Young v Kent 230 NY 239 1921 In this case Justice Cardozo laid out the doctrine of ... View full answer

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