[Wrong Deck] Gina hires Jackson over the telephone to paint her back deck. She tells him her address and agrees to pay him $200 for the job, and he accepts. They enter into the agreement on Tuesday, and he is to paint the deck on Saturday. Jackson had a little difficulty finding her house because he spilled coffee on the note where he wrote her address. When Jackson arrives, neither Gina nor her neighbor is at home. He mistakenly paints the neighbor's deck. Gina calls him the next day and asks him why he did not paint her deck. He informs her that he did paint the deck. When it is discovered that he mistakenly painted the neighbor's deck, Gina tells him not to worry because the neighbor will be required to pay him. Jackson says that if the neighbor does not pay, then he expects all of the payment from Gina, because the contract is executed.
-As of Tuesday when Jackson and Gina agreed upon the price for the job, what was the status of the agreement?
A) The contract was executory.
B) The contract was executed.
C) The contract was novated.
D) The contract was formal.
E) The contract was a recognizance contract.

Question

Quizplus · Accepted Answer

The contract was executory because it was agreed upon but the work (painting the deck) had not yet been performed. An executed contract is one where all parties have fulfilled their obligations, which was not the case here.

[Wrong Deck] Gina Hires Jackson Over the Telephone to Paint