Gillespie Tool Co. v. Wilson

Citations

• 123 Pa. 19
• 16 A. 36
• 1888 Pa. LEXIS 641

Syllabus

<p>1. If a plaintiff in an action upon a contract, will invoke the aid of the equitable doctrine of substantial compliance, he must present a case disclosing no wilful omission or departure from the terms of the contract, otherwise the question of substantial compliance should not be submitted to the jury.</p> <p>2. Where the case of a plaintiff suing for the contract price of drilling an oil or gas well showed that, though the well was of the contract depth, yet part of it was of less than, the contract diameter, without excuse .therefor except to save the additional time and increased expense, it was not error to enter judgment of compulsory nonsuit.</p> <p>The fact that the well when drilled to the contract neither gas nor oil, and, as a test of the territory, was as effective as if it had been drilled to the contract diameter, would not relieve the plaintiff from the responsibility of full performance.</p>