Question: A builder constructed a house according todetailed plans provided by the owner. Thecontract specified that only Reading brand pipewas to be used in the plumbing.

A builder constructed a house according todetailed plans provided by the owner. Thecontract specified that only Reading brand pipewas to be used in the plumbing. After the housewas completed, the owner discovered thatanother brand of pipe had been used. The ownerrefused final payment and demanded that thepipe be replaced with Reading pipe, which wouldhave involved major reconstruction. Evidence attrial was that the two brands of pipe were of thesame general quality. Did the owner have to paythe builder or did the pipe have to be replaced?[Jacob & Youngsv.Kent, 129 N.E. 889, Ct. App.,NY (1921)]

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