Contractor was hired by homeowner, in the construction of homeowner's residence, to install a standard of pipe
Question:
Contractor was hired by homeowner, in the construction of homeowner's residence, to install a standard of pipe known as "Smith Manufacture." The parties reduced the same to writing and entered into a contract. Instead of installing "Smith Manufacture" pipe, Contractor installed a substantially similar pipe that was not of "Smith Manufacture." However, the pipe that the Contractor installed was of the same quality, appearance, value, and cost of the "Smith Manufacture" pipe. Upon discovering that Contractor used a different pipe throughout the house, of the same quality, homeowner refused to pay Contractor the agreed upon amount for Contractor's work as specified in the contract. Contractor sues homeowner.
The Contractor will be successful in his suit against homeowner because:
a. The contractor will not be successful as he violated the contract
b. The contractor will be successful under substantial performance
c. The contractor will not be successful as he commit a material breach of the contract
d. The contractor will be successful under the doctrine of res ipsa loquitur
International Marketing And Export Management
ISBN: 9781292016924
8th Edition
Authors: Gerald Albaum , Alexander Josiassen , Edwin Duerr