Beyer v. Mountz

Citations

• 60 Pa. Super. 22
• 1915 Pa. Super. LEXIS 143

Syllabus

<p>Contract — Building contract — Substantial performance — Case for ju/ry.</p> <p>1. The equitable right to recover on the ground of substantial performance involves an honest effort on the part of the contractor to fully comply with the strict terms of the contract resulting in minor defects which do not seriously injure the other party to the contract.</p> <p>2. In an action to recover a balance alleged to be due upon a contract for remodeling and rebuilding an old house where many items are embraced in the undertaking, and there is sufficient evidence although contradicted, to show an honest effort substantially to perform the matters required by the contract and the new features which developed as the work progressed, the case is for the jury.</p>