Gallagher v. Sharpless

Citations

• 134 Pa. 134
• 19 A. 491
• 1890 Pa. LEXIS 677

Syllabus

<p>1. A contract to erect a dwelling, providing that any dispute as to the “true construction or meaning of the drawings or specifications, or as to what is extra work outside of the contract,” or respecting “the value of any work omitted,” should be submitted to arbitration, does not require the submission of a dispute as to whether the work was done in a workmanlike manner.</p> <p>2. Where one, making an honest endeavor to perform an entire contract, has substantially performed it, and the party with whom the contract was made has had the benefit of the contractor’s labor and materials, a failure to perform completely, will be a defence only to the extent of the damages suffered by the failure of complete performance.*</p>