Perry is building his house and orders a hot water heater from Jones Co.to be installed by them.The hot water heater they sent has a 45-gallon capacity when Perry ordered a 60-gallon capacity.Jones cannot provide a 60-gallon heater for two months,so Perry cancels the contract and gets a heater from Stosill's.Jones Co.says it must be allowed to install the heater purchased from Stosill's.What result?

Question

Quizplus · Accepted Answer

Perry ordered a hot water heater with a 60-gallon capacity from Jones Co. and Jones Co. provided one with a 45-gallon capacity. This is a breach of the entire contract as the essential element, the capacity of the hot water heater, was not provided as agreed. Perry has the right to cancel the entire contract and seek another provider. Jones Co. cannot require Perry to allow them to install the heater purchased from Stosill's as they breached the contract.

Perry Is Building His House and Orders a Hot Water