Question
MICH Builders contracted to build a summer home for Mr. Dom. The contract specified the installation of galvanized, lap welded, standard grade pipe, manufactured
MICH Builders contracted to build a summer home for Mr. Dom. The contract specified the installation of " galvanized, lap welded, standard grade pipe, manufactured by Reading Co." for all of the plumbing. MICH substituted another brand of galvanized pipe which was just as strong and durable, and cost the same. When Dom found out, he refused to pay the $35,000 balance due on the contract, unless MVCC replaced all of the pipe. To replace the pipe would have cost MICH $40,000 - 50,000. When MICH sued Dom for the $35,000.00 balance, Dom argued that MVCC breached the contract because they failed to fully perform the exact terms of the contract.
How will the Court rule ? Why ?
Please discuss and explain what analysis the court will employ to decide if MICH has SUBSTANTIALLY PERFORMED the contract.
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