Question
Sarah and Whitney agree over the phone that Whitney will paint a portrait of Sarah for $400. Sarah tells Whitney that she'll only pay the
Sarah and Whitney agree over the phone that Whitney will paint a portrait of Sarah for $400. Sarah tells Whitney that she'll only pay the money if she is satisfied with the final product. They never write their agreement down. When Whitney finishes the painting, Sarah refuses to pay because she says the portrait makes her look ugly. Whitney sues. Will the court order Sarah to pay the $400?
Yes, because Whitney substantially performed
No, because of the Statute of Frauds
Yes, because Sarah breached the contract
No, because Whitney did not meet a condition precedent for Sarah's performance
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