Question
Paul is a roofing contractor.Paul and Harry enter into a contract for Paul to put a new roof on Harry's house.The price they agree upon
Paul is a roofing contractor.Paul and Harry enter into a contract for Paul to put a new roof on Harry's house.The price they agree upon is $5,000.If Paul completes the work and is paid for it by Harry, obviously the contract is discharged. But what if Paul puts only 1/3 of the roof on but does not complete the job?In that case, Harry is discharged from the contract by Paul's material breach, and does not have to pay for a roof that is only 1/3 completed.
But what if Paul completes the roof, but upon inspection, Harry notices two shingles that need to be nailed down better.Could Harry successfully claim he is still discharged by Paul's breach because the roof isn't "100% completed"?
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