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Kent Construction Company contracted to construct four garages for Magnum, Inc., according to specifications provided by Magnum. Kent deliberately substituted 2 x 4s for the more expensive 2 x 6s called for in the contract in all places where the 2 x 4s would not be readily detected. Magnum’s inspection revealed the variance and Magnum is now withholding the final payment on the contract. The contract was for $100,000, and the final payment would be $25,000. Damages were estimated to be $15,000. In a lawsuit for the balance due, Kent will A. Lose all rights under the contract because it has intentionally breached it. B. Prevail because the damages in question were not substantial in relation to the contract amount. C. Prevail on the contract, less damages of $15,000, because it has substantially performed. D. Lose because the law unqualifiedly requires literal performance of such contracts. |