Standard Roller Bearing Co. v. Hub Machine Welding & Contracting Co.

Citations

• 61 Pa. Super. 14
• 1915 Pa. Super. LEXIS 260

Syllabus

<p>0ontract — Sale—Substantial performance.</p> <p>Where in a contract for automobile axles which are to be manufactured by the seller, the specifications call for dimensions to the fraction of an inch, and it appears that the axles were to be used by the purchaser with other automobile parts, literal and not substantial performance will be required of the seller, excépt as to slight variations which will not interfere with the use or efficiency of the axles.</p> <p>If in such a case the purchaser does not reject the axles, which he has a right to do, he must pay the contract price, less such deductions as.will pay for making the axles useful, or the price of new axles to take their place, or the value on the market, if he has not attempted either of the two foregoing alternatives.</p>