QUESTION $43$

Smith, a general contractor, agrees to remodel jones' bathroom for $$5,000.$ After a week, $5$ mith realizes he cannot complete the job for that amount and also make a profit so he demands $$7,500.$ Jones reluctantly agrees to pay the increased amount of $$7,500$ if $5$ mith upgrades the quality of the fixtures that will be installed. Smith agrees to upgrade the fotures. Later jones tenders only $$5,000$ to $ mith for the job. In Smith v$.$ Innes who will wim?

$5$ mith

Jones