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Wendy Wang, a Chicago real estate magnate, has hired Donald Dane to build an apartment complex for $1 million, to be completed in four months.

Wendy Wang, a Chicago real estate magnate, has hired Donald Dane to build an apartment complex for $1 million, to be completed in four months. The contact provides that S300,000 was to be paid at the end of the second month of construction, while S 700,000 will be due when construction is fully completed. During the negotiations of the contract. Wendy called him over the phone and said "All the bricks to be used in the construction of this apartment building must come from the Chicago Brick Company owned by my grandfather." A week later, Donald called back and said: "I agree. That should work." Two days later, they both signed a contract for the construction of the apartment building. However, the written contract did not mention anything about the kind of bricks to be used. It is now two months later, and Wendy has come to inspect the progress of the apartment's construction. She noticed immediately that Donald used Wisconsin bricks rather than the Chicago bricks she requested. She is unhappy. She has told him she will not pay him the $300,000 that is due unless he strips the Wisconsin bricks he used in the construction and replaces them with bricks from the Chicago Brick Company. Donald has refused. He told her the Wisconsin bricks were of same price and quality with the Chicago brand and that replacing all the bricks would cost up to $200,000. The difference in market price between a building constructed with Wisconsin bricks and Chicago bricks is negligible or next to nothing. She has threatened to sue him for a breach of contract because he used the wrong bricks. She has also threatened to cancel the contract. Assume that Donald has hired you as an attorney. Address the following issues: (1) please clarify the terms of the contract between Donald and Wendy, and evaluate all plausible breach of contract claims; (2) assuming there is a breach of contract, please discuss any expectation damages any other party may receive; and (3) please also discuss whether Wendy can cancel the contract.

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