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today were going to introduce the concepts of material bdocHub and substantial performance by exploring jacob and youngs versus kent the opinion was written by benjamin cordoza while he was a judge on the new york state court of appeals as some of you may know cardozo went on to become a supreme court justice and like justices scalia and marshall cardozo has a law school named after him he also wrote the famous torts decision in palsgraf versus long island railroad the plaintiff in this case is a building company jacob and youngs which contracted to build a summer home for the defendant to homeowner george kent the contract specified that all wrought iron pipe must be of reading manufacture the building company however ended up installing some pipe made by other manufacturers after building was completed the defendant george kent discovered the error and demanded that the plumbing be redone because most of the plumbing was at that point encased in the walls the cost to the building c