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2d Cir 5th Cir Accord agreement American assignee 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 Engrg equity fiduciary Indus infra injured party intended beneficiary Intl land liability limited liquidated damages loss lost profits market price ment mortgage Motor Natl obligation obligor party in breach party's payment plaintiff Prods promise promisor purchaser Realty reasonable recover recovery remedy resale Restatement Second restitution rule Second Owner seller Serv Smith specific performance subcontractor Supp supra note third party third party beneficiary third person tort transaction transfer Trust Uniform Commercial Code United vendor warranty Yale L.J.