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This section contains the nature of the case and procedural background.

Thermo-Spa (D) invited a number of advertising agencies to bid for a job or producing a brochure to advertise D's products. Pursuant to these requests, Incomm (P) sent D cost estimates for a 12-16-page brochure with a cost of $6,260 for concept, copy, edit, contact, layout, type spec, mechanicals, typesetting, photostats, and materials. D sent P a purchase order for a 16-page brochure with the total cost reflecting P's bid. The end product required extensive work and cooperation between the parties. Eventually, the copy was agreed upon, but D did not like the layout of the brochure, and after many drafts, D breached the contract as it was dissatisfied with what P was producing. P then sent D a bill for $5606 for the work done to date.

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