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S Contracted to Build a Machine for F for a Price

Question 40

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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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