Buyer's Attempted Termination of Construction Contract Over Added Floor Fails

A person who contracted to purchase a building under construction later attempted to terminate the contract, claiming the seller had failed to complete the construction by the agreed date and had substantially deviated from the approved plans, specifically by building an additional floor, thereby making the completed building significantly different from what was agreed upon and rendering the promised delivery impossible. The court rejected the appeal, reasoning that the completion of the building, even with the addition of an extra floor, did not constitute a failure to perform the primary obligation that would justify the termination of the contract, as the modifications did not render the resulting structure fundamentally different from the object of the sale.