Question

2. Ferguson Construction Company entered into a contract to build a house for David Miller. The specifications called for the use of Sharply Pipe for all plumbing. Feguson, nevertheless, got a better price on Ace Pipe and substituted the equally good Ace Pipe for the Sharply Pipe. Millers inspection revealed the change, and Miller now refuses to make the final payment. The contract price was for $400,000, and the final payment is $40,000. Ferguson now brings suit seeking the $40,000. Will Ferguson succeed in its claim? Please explain.

Answer 1