Cengage Advantage Books: Business Law 9th Edition by Arnold Goldman ,William Sigismond

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Bergman, a contractor, sued Parker, a builder, for breach of their contract to construct an apartment building. Parker contended that the contract was terminated by impossibility because he was unable to obtain a building permit. He refused to go ahead with the construction. At the trial, however, Bergman introduced evidence to show that Parker could have obtained a building permit by making modifications, which were acceptable to Bergman, to his building plans. Should Bergman's suit be successful? (Bergman v. Parker, D.C. 216 A.2d, 581)