Standard Construction Co. v. Quaker City Cracker Co.

Citations

• 73 Pa. Super. 402
• 1920 Pa. Super. LEXIS 27

Syllabus

<p>Contracts — Building contracts — Performance to satisfaction of owner — Substantial compliance.</p> <p>Where a party to a building contract has acted honestly with intent to fulfil his agreement and has fulfilled it substantially, but has failed in some comparatively slight particulars, the other party cannot hold and enjoy the fruits of his labor without paying a fair compensation according to the contract, receiving credit for whatever loss or damage he has suffered, by reason of the failure to comply with the strict terms of the agreement.</p> <p>Mechanics’ liens — Act of June 1, 1901, P. L. ¡$1, section 86— Minor defects as a defense.</p> <p>Under the provisions of section 36 of the Act of June 4, 1901, P. L. 431, which provides that “minor defects or a failure to complete in minor particulars shall operate as a defense only to the extent necessary to repair or complete the work,” a defendant, in the trial of a scire facias sur mechanics’ lien, filed for the recovery of the balance due on a building contract, cannot escape entire payment by alleging minor defects in the construction of the building. He must pay in accordance with the terms of the contract, receiving credit for the loss occasioned by the defects.</p>