Smyers v. Zmitrovitch

Citations

• 55 Pa. Super. 440
• 1913 Pa. Super. LEXIS 391

Syllabus

<p>Contract — Building contract — Substantial performance.</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. Where a builder contracts to place building paper between the siding and the sheeting boards of a house, and he neglects to do so as to a material portion of the house, and subsequently willfully refuses to place the paper in accordance with the contract, he cannot invoke the protection of the rule of substantial compliance. In such a case it is immaterial that the owner may have paid half of the contract price, and when the builder claimed that his contract was completed, took possession of the house.</p>