Question
Jeff owned an old farm house outside of Big Rapids. Each winter, Jeff faced high heating costs because the house was poorly insulated. Jeff contracted
Jeff owned an old farm house outside of Big Rapids. Each winter, Jeff faced high heating costs because the house was poorly insulated. Jeff contracted with a local builder, Herb. Herb agreed to replace all of the windows in Jeff's house. Herb was known in the area to specialize in old home restoration projects. In their written contract, Jeff and Herb agreed that Herb would install Marvin brand windows (known to be an excellent insulating window). They also agreed the Jeff would pay Herb $10,000 for the project. $5,000 of the contract price represented Herb's labor, and the other $5,000 represented the cost of the windows. Herb completed the job, but instead of following the contract terms, he installed PeachTree brand windows, which were known to be comparable to Marvin windows. Jeff filed a breach of contract lawsuit against Herb.
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