Business Law and the Regulation of Business 11th Edition by Richard Mann, Barry Roberts

Exercise 22

Erwick Construction Company contracted to build a house for Charles. The specifications called for the use of Karlene Pipe for all plumbing. Erwick, nevertheless, got a better price on Boynton Pipe and substituted the equally good Boynton Pipe for Karlene Pipe. Charles's inspection revealed the change, and Charles now refuses to make the final payment. The contract price was for $200,000, and the final payment is $20,000. Erwick now brings suit seeking the $20,000. Will Erwick succeed in its claim?