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substantial performancemeasure of damages
Jacob & Youngs v Kent
230 N.Y. 239, 129 N.E. 889 (1921)
Key Principle
Where a builder substantially performs a construction contract and the breach (here using non-Reading pipe of equal quality) is trivial, innocent and not wilful, the owner's damages are measured by the diminution in value, not the cost of replacement, and the builder may recover the contract balance.
Area of Law
contract
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