On March 26, 1998, Owen entered into a contract with Builder wherein the latter agreed to construct a house on the former's lot. Pursuant to their agreement, the home would be built in accordance with plans and specifications supplied by Owen. The contract further provided that Owen would pay Builder $50,000 for the completed structure. Builder finished construction on October 12, 1998 and submitted a bill to Owen for $52,000. The bill contained an itemization of charges for labor and materials. When Owen received the bill on October 14, 1998, he telephoned Builder and agreed to pay the additional charges. Two days later, Owen forwarded Builder a certified check in the amount of $50,000. The check was endorsed by Builder under protest. In a suit by Builder against Owen to recover the $2,000, plaintiff will most likely

Question 28Select one:

A.succeed, on a contract implied-in-fact.

B.succeed, on quasi-contract principles.

C.not succeed, because Owen's promise was not in writing.

D.not succeed, because of lack of consideration.