Tom Tarl obtains a contract with the Burquitlam Shopping Centre on April 7, to pave the parking lot by May 15 for $45 000. Tarl then enters into a written contract with Frank Fether on April 9 to pave Fether's driveway by May 20 for $3 000. On April 21, Tarl's employee Hank becomes ill. Without Hank's help, Tarl feels that he will not be able to complete both the Burquitlam contract and the Fether contract on time. Tarl calls Fether to tell him that the contract is off. Fether agrees. The next morning, Hank makes a remarkable recovery from his illness, and he is back at work by that afternoon. Tarl realizes that he can now finish both contracts on time. He calls Fether to affirm that he will be able to pave his driveway after all. Fether tells Tarl that his services are no longer required.Tarl reminds Fether of the written agreement, and insists that he honour the agreement. Fether refuses.