Question 24 Mickey hires Donald to build a house. Mickey wants a nice kitchen. The contract calls for a Kohler faucets in the entire house. Also, the contract calls that the house to be completed within three months. Unbeknown to Mickey, Donald tries to buy the Kohler plumbing fixtures but they will not be available for nine months. However, Donald finds Delta plumbing fixtures that are available immediately. The Delta faucets are equivalent to the Kohler faucets in quality, looks, performance and costs about the same. Donald finishes the house timely with the Delta faucets. Mickey sues Donald for breach of contract and wants Donald to remove all of the Delta faucets and replace them with Kohler or Mickey wants the cost of new Kohler plumbing fixtures and the installation costs and removal costs of all of the Delta plumbing fixtures. Which is true? Mickey wins based upon novation 3 pts Donald wins based upon substantial performance Donald wins based upon tender Mickey wins based upon breach of contract Question 24 Mickey hires Donald to build a house. Mickey wants a nice kitchen. The contract calls for a Kohler faucets in the entire house. Also, the contract calls that the house to be completed within three months. Unbeknown to Mickey, Donald tries to buy the Kohler plumbing fixtures but they will not be available for nine months. However, Donald finds Delta plumbing fixtures that are available immediately. The Delta faucets are equivalent to the Kohler faucets in quality, looks, performance and costs about the same. Donald finishes the house timely with the Delta faucets. Mickey sues Donald for breach of contract and wants Donald to remove all of the Delta faucets and replace them with Kohler or Mickey wants the cost of new Kohler plumbing fixtures and the installation costs and removal costs of all of the Delta plumbing fixtures. Which is true? Mickey wins based upon novation 3 pts Donald wins based upon substantial performance Donald wins based upon tender Mickey wins based upon breach of contract