Topic A: McKinney Construction, Inc. agreed to build a home for Bob Smith. The total contract price for the home is $325,000. The home is complete in all respects except for the fact that shutters have not been installed on the four front-facing windows. The contract between the parties stipulated that McKinney Construction would install shutters on each window.
The day before the closing on the home’s purchase, Bob noticed that McKinney Construction had not installed the shutters. He then called the owner of McKinney Construction, Mary Monroe, and a heated argument between the two ensued. The conversation ended with Mary proclaiming that “Hades would freeze over” before she would have her construction crew install the shutters and with Bob asserting that the “deal is off.” McKinney Construction expects to be paid the full contract price, $325,000, for the home, based on the fact that “irreconcilable differences” between the parties make it impossible for the company to install the shutters, and since Bob’s incorrigible personality caused the impassible chasm between them. For total “parts and labor,” it would cost $2,750 to install the shutters.
Is Bob Smith obligated to purchase the house? Why or why not? If so, is he obligated to pay the full contract price of $325,000? Is McKinney Construction, Inc. required to install the shutters? Why or why not
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