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Jacob & Youngs, Inc. v. Kent
''Jacob & Youngs, Inc. v. Kent'', 230 N.Y. 239 (1921) is a famous American contract law case of the New York Court of Appeals with a majority opinion by Judge Benjamin N. Cardozo. It dealt with the matters of material breach and substantial performance.
==Facts==
The plaintiff built a house for the defendant under contract. The defendant learned that some of the piping, instead of being made in Reading, was Cohoes piping, contrary to one of the conditions in the contract. The Defendant asked the plaintiff via the architect to do the work all over again supported by the perfect tender rule. Because the pipes had already been encased within the walls except in a few places where it had to be exposed, to replace the ''Cohoes Pipe'' with the contracted for ''Reading Pipe'' would have meant more than the substitution of other pipe. Plaintiff would have had to demolish, at great expense, substantial parts of the completed structure. The plaintiff left the work untouched, and asked for a certificate that the final payment was due (arguing substantial performance) which was refused by Kent.
Jacob & Youngs, then filed suit to collect the remaining balance. The trial court ruled in favor of Kent, which was reversed on appeal and a new trial was ordered.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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