Question
Mort hired Fred to sandblast and repaint his pool. Under the contract, Fred was to complete the sandblasting by May 8 and the painting by
Mort hired Fred to sandblast and repaint his pool. Under the contract, Fred was to complete the sandblasting by May 8 and the painting by May 15. By May 10 it was clear to Mort that Fred would not be done on time, since he hadn't yet finished the sandblasting, but Mort said nothing. Fred finished painting the pool on May 22 and gave his bill to Mort. Mort refused to pay because Fred had not completed the job within the time stated in the contract. Fred sued Mort. Mort argues that he owes nothing because Fred breached the contract by finishing late. Who should prevail?
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