Assume that Roger enters into a contract with Village Apartments to repaint apartments in its 60 unit complex as they become vacant. Roger is to be paid $400 for each apartment he paints and is required to complete the painting within four business days of his notice by Village that the apartment is vacant. The contract provides that Roger will lose 10% of the contract price for each day that he is late completing the painting. When he completes the painting of the first apartment three days late, Roger is paid $280.00. Can he sue for breach of contract? Discuss. What effect would the following facts have on your answer?

1. Apartments at Village Apartments rent for $500 per month.
2. Village Apartments has a vacancy rate of 16%.
3. The painting was completed on the 27^th day of the month. Alternatively, assume:
4. The painting was completed on the 3^rd day of the month