A horse track owner and a mason entered into a written contract for the mason to build a low brick wall surrounding a courtyard at the track. The contract called for the mason to build the brick wall according to the track owner's particular specifications and satisfaction in exchange for payment of $1,500. Upon completion of the work, the horse track owner, in good faith, maintained that the mason did not complete the work properly and refused to pay him anything. The nature of the mason's construction business was such that his work was highly seasonal. On November 8, he sent a telegram to the track owner advising him that he desperately needed the $1,500 payment and requesting that the track owner send the money within the next two weeks. On November 12, the track owner replied with a telegram indicating that even though he was unhappy with the work, he would pay the mason $1,250 if the mason would repair the portions of the wall with which the track owner was least satisfied. The mason made no response to the track owner's telegram. On December 4, the track owner mailed a check for $1,250 to the mason with a note stating, "Payment in full for the decorative wall construction contract as per telegram of November 12." The mason received the letter and the check on December 7, and, in dire need of cash, deposited the check in his checking account that same day. The mason refused to undertake any further work for the horse track owner.

If the track owner files an action against the mason for damages arising from the mason's failure to repair the wall, the track owner will most likely