S Contracted to Build a Machine for F for a Price

question 40

Multiple Choice

S contracted to build a machine for F for a price of $8800.00.F paid $1000.00 on account.When the machine was nearly completed,S refused to do more unless F paid another $3000.00.F sued to recover the $1000.00 and for other compensation,and S counterclaimed for the contract price.Expert evidence indicated that the machine was not substantially completed at the time of F's refusal to do more.In this situation at common law

• A)F will recover the full $8800.00 even though he defaulted in completing the machine.
• B)although the work is not yet completed,a quantum meruit claim can be asserted by S.
• C)the contract continues to exist.
• D)F's actions together with a failure to complete the machine cancelled the contract,so S will not succeed and must pay back the deposit of $1000.00.
• E)none of the above

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