Cramer v. Esswein

The evidence shows that plaintiff did not substantially perform his contract. Although the contract required that he install eight radiators, he installed only seven, leaving the bathroom without any provision for heat. He also, contrary to the agreement, installed a second-hand bathtub and wash basin; and he willfully removed the doors and other fixtures from the furnace. The doctrine of substantial performance has no application where there is an intentional, deliberate and willful departure from the contract. (Bullinger v. Interboro Brewing Co., Inc., 194 App. Div. 205.) “ Substantial…