When Kent contracted to have his new house constructed, he specifically noted that the plumbing must be made by Reading manufacturers. After the house had been completed, Kent did an inspection tour during which he discovered that, though much of the plumbing had come from Reading, there were some parts that did not.
After making his discovery, Kent demanded that the non-Reading plumbing fixtures be ripped out and replaced with the supplies he had specified in the contract.
In addition, Kent refused to pay the contractor until the proper plumbing supplies were added to the house. The contractor brought suit against Kent, arguing that though there were minor deviations from certain specified parts of the contract concerning the plumbing fixtures, he had nevertheless substantially performed his end of the deal.
Kent stuck to his strict construction of the contract and labeled the contractor's performance unsatisfactory. He thus claimed to be released from the agreement unless the contractor lived up to every term in the original agreement. Who should prevail in this case? Explain.
Jacob and Young v. Kent, 129 N.E. 889.