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, but Perry had 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 another company.Jones Co.says it must be allowed to install the heater.What result?

Question

Quizplus · Accepted Answer

Since Jones Co. failed to provide the agreed-upon capacity of the hot water heater, they have breached the entire contract. Therefore, Perry has the right to cancel the whole contract without any limitation on his recovery of damages. Jones cannot insist on installing the heater since they have already breached the contract.

Perry Is Building His House and Orders a Hot Water