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Question
Metz and Desman contracted for Metz to build a house for Desman on Desman's lot according to specifications provided by Desman. The contract provided that Metz would be paid $125,000 for this. Metz unintentionally deviated from the specifications in several minor respects. The house is soundly constructed and Metz completed the work within the promised time. Desman refused to pay Metz any of the $125,000, arguing that the house did not conform to the specifications. In this case:
A. Desman can get a decree of specific performance.
B. Metz has no right to be paid for any of his work because he breached the contract.
C. if the court finds that Metz has substantially performed, he will be able to recover the contract price less any damages caused by his failure to perform as promised.
D. if the court finds that he substantially performed, Metz will be able to recover the contract price less any damages caused to him because of the delay in payment.
Answer
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