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2d Cir 7th Cir Accord agreement American assignment assignor Assn Assocs Bank benefit breach of contract Bros builder buyer Chem City claim clause common law Constr contract right contractor Corp cost County court Credit debt debtor defenses delegating party discussion disgorgement principle Dist duty efficient breach Elec employee enforce Engr entided equity ex rel fiduciary Hosp Indus infra injured party intended beneficiary interest land liability limited liquidated damages loss lost profits Mach market price Miller mortgage Motor obligation obligor party in breach party's payment plaintiff Prods promise promisor purchaser Realty reasonable recover recovery reliance remedy resale Restatement Second restitution rule Second Owner seller Serv Smith specific performance subcontractor Supp supra note third party third party beneficiary tort transfer Trust Uniform Commercial Code United