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In the case of Wallace C. Drennen, Inc. v. Haeuser, 402 So. 2d 771, Louis Haeuser who owned multiple warehouses contracted Wallace C. Drennen, Inc.

In the case of Wallace C. Drennen, Inc. v. Haeuser, 402 So. 2d 771, Louis Haeuser who owned multiple warehouses contracted Wallace C. Drennen, Inc. to construct a road to the warehouses. After Drennen completed the work there were defects such as cracks causing improper drainage and "bird baths" that accumulated water appeared in the road as well. Haeuser refuses to pay for Drennen's work, Drennen is suing for the full contract price and Haeuser filed a cross-complaint to recover the cost of repairing the road. Haeuser wins in this matter due to Drennen rendering inferior performance by constructing a faulty roadway. Inferior performance occurs when a party (Wallace C. Drennen, Inc.) fails to perform express of implied contractual obligations that impair or destroy the essence of the contract. When making the contract Haeuser was wanting the roadway built with no faults. Haeuser is entitled to compensatory damages or being able to hold on to the check he was supposed to give Drennen regarding the poor performance of the work that was agreed upon initially. Drennen is wanting to sue Haeuser for the money per contract, in return Haeuser is filing a cross-complaint for the cost of repairs due to Drennen's poor work, which will favor per Haeuser because the work that was performed was not initially agreed upon per contract

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