Josten, a contractor, agreed in writing to build a warehouse for Blanda according to specific…

Josten, a contractor, agreed in writing to build a warehouse for Blanda according to specific plans. Josten deliberately and without Blanda’s consent deviated substantially from the plans. As a result, Blanda refused to pay Josten any money due under the terms of the contract. Josten, claiming substantial performance, contended that he was entitled to the contract price less the amount needed to correct any defects in the performance. Was Josten correct?

 

 

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