Copenhaver, the owner of a laundry business, contracted with Berryman, the owner of a large…

Copenhaver, the owner of a laundry business, contracted with Berryman, the owner of a large apartment complex, to allow Copenhaver to own and operate the laundry facilities within the apartment complex. Berryman subsequently terminated the fiveyear contract with Copenhaver with forty-seven months remaining. Within six months, Copenhaver placed the equipment into use in other locations and generated at least as much income as he would have earned at Berryman’s apartment complex. He then filed suit, claiming that he was entitled to conduct the laundry operations for an additional forty-seven months and that through such operations he would have earned a profit of $13,886.58, after deducting Berryman’s share of the gross receipts and other operating expenses. Decision? 13. Billy Williams Builders and Developers (Williams) entered into a contract with Hillerich under which Williams agreed to sell to Hillerich a certain lot and to construct on it a house according to submitted plans and specifications. The house built by Williams was defectively constructed. Hillerich brought suit for specific performance of the contract and for damages resulting from the defective construction and delay in performance. Williams argued that Hillerich was not entitled to have both specific performance and damages for breach of the contract because the remedies were inconsistent and Hillerich had to elect one or the other. Explain whether Williams is correct in this assertion.

 

 

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