18-1.docx - 18-1 The Caplans went into a contract with...

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18-1 The Caplans went into a contract with Faithful Construction, Inc. to build a home. In the contract it specifies that “all plumbing bowls and fixtures should be Crane brand”. Upon completion of the home it was discovered that a substitute Kohler brand fixtures was used instead of the Crane brand. The Caplans has refused to accept the house as Faithful has breached the condition put forward in the specification. It is clear that Faithful Construction is in breach of the contract. As there was a condition in the contract that stated that “all plumbing bowls and fixtures should be Crane brand”. There was a nonoccurrence of
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