Question
Owner, a homeowner, approached Jackson, a licensed painter, to discuss painting his home before he places it up for sale. After several meetings, Owner and
Owner, a homeowner, approached Jackson, a licensed painter, to discuss painting his home before he places it up for sale. After several meetings, Owner and Jackson signed a contract which stated Jackson will paint the interior and exterior of Owner's home on or before June 1st. The colors were to be specified by Owner, and Painter was to supply the paint. Owner agrees to pay $22,500 upon completion. The time for performance of these obligations shall be of the essence.
The contract was signed on May 1st. Jackson arrived on the job site on May 15th to begin work. Several weeks later, Jackson went on vacation and did not return until June 2nd. Owner was upset by his continuously not showing up that on June 3rd he hired another painter to finish the job.
Owner brings an action against Jackson. Who will prevail?
- Owner will recover against Jackson the price he paid to the new Painter hired to do the job since, Jackson did not complete performance.
- Owner will prevail since there was a breach of an express condition created between Owner and Jackson.
- Jackson, because Owner refused to allow him to finish the job.
- Jackson, since Owner refused to let Jackson finish the job which constitutes a breach of contract.
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