Question
Paulinko (P) wanted to buy a house in Beach Town. Debbs (D) owned a house right on the beach in Beach Town and listed it
Paulinko (P) wanted to buy a house in Beach Town. Debbs (D) owned a house right on the beach in Beach Town and listed it for sale for $3 million. P visited the house with a realtor. P noticed that the house contained a magnificent 20-foot long dining room table with a solid malachite top.
In an oral discussion, with the realtor for each party present, P told D she would like to purchase the house and the malachite table. In addition to the $3 million sales price, P would pay $10,000 for the table. P also said she wanted the avocado green master bathroom repainted to rose pink before she moved in. P proposed an extra $5,000 to cover the repainting. D agreed to these terms.
The real estate agents wrote up a contract for the purchase of the house for $3,015,000 but made no specific reference to the malachite table or the master bathroom being painted. The written contract contained an integration clause specifying that the written contract was the full contract of the parties. P and D did not read the contract before signing or during escrow.
During escrow, P bought the rose pink paint she wanted to be used and dropped it off with D. D hired a painter to paint the master bathroom with the rose pink paint P had purchased, but while D was away arranging her new home, the painter painted the guest bathroom instead of the master bathroom. The movers also moved the malachite table along with D's other furniture. Moving the table back to the sale house would cost $2,000.
When P moves in, she discovers the table is gone and the wrong bathroom has been painted. P calls D to complain. D says "Sorry, I did my best. These problems are so hard to correct, let's just forget about it." P says she wants the table returned and the correct bathroom painted at D's expense.
Discuss the potential breach of contract action by P against D.
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