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(B) Western Sand and Gravel entered into an agreement with Joe Thompson. Thompson was the owner of a property and Western Sand and Gravel had

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(B) Western Sand and Gravel entered into an agreement with Joe Thompson. Thompson was the owner of a property and Western Sand and Gravel had concluded the property would yield as much as 900,000 tons of gravel. Joe had commissioned a formal assessment that estimated a yield closer to 450,000 tons. The parties entered into an agreement whereby Joe sold all rights to the gravel and allowed Western to excavate the property. The price agreed upon was $800,000 based on a yield of about 500,000. However, the actual yield of the property turned out to be only 45,000 tons. ' Western Sand is now refusing to pay the agreed upon $800,000. Does Western Sand have any ground to refuse to pay? What advice would you give Western Sand

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