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In JACOB AND YOUNGS v KENT, the court held that the contractor's failure to use the correct brand of pipe: Was an innocent misrepresentation and
In JACOB AND YOUNGS v KENT, the court held that the contractor's failure to use the correct brand of pipe: Was an innocent misrepresentation and therefore not a breach of contract. Constituted fraud because the pipe used was of an inferior quality. Was not a material breach and that the contractor had substantially performed under the contract Constituted a material breach, allowing Kent to refuse payment
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