Beyer v. Mountz
Superior Court of Pennsylvania
Appeal, No. 231, Oct. T., 1914, by defendant, from judgment of C. P. Clearfield Co., May T., 1913, No. 135, on verdict for plaintiff in case of Samuel D. Beyer et al., trading as F. D. Beyer & Company, v. Ella J. Mountz. Assumpsit on a building contract. Before Bell, P. J. At the trial it appeared that the contract in question was for remodeling and rebuilding defendant’s house at Janesville.
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Appeal, No. 231, Oct. T., 1914, by defendant, from judgment of C. P. Clearfield Co., May T., 1913, No. 135, on verdict for plaintiff in case of Samuel D. Beyer et al., trading as F. D. Beyer & Company, v. Ella J. Mountz. Assumpsit on a building contract. Before Bell, P. J. At the trial it appeared that the contract in question was for remodeling and rebuilding defendant’s house at Janesville. The evidence tended to show that the plaintiffs were to furnish all the material and perform all the work required and that they were to receive over and above the cost ten per cent as commission…
1Opinion of the Court
Opinion by
Kephart, J.,
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: Smyers v. Zmitrovitch, 55 Pa. Superior Ct. 440.
“Where such performance has been honestly rendered by one who has furnished material and labor which are used by the other party to the contract, he will not be held to a technical performance and denied all compensation, but will be allowed to recover the…
2Cases cited5 opinions
- Pressy v. McCornackSupreme Court of Pennsylvania · 1912
- Harris v. SharplesSupreme Court of Pennsylvania · 1902
- Snedaker v. TorpeySuperior Court of Pennsylvania · 1909
- Smyers v. ZmitrovitchSuperior Court of Pennsylvania · 1913
- Kull v. MiddlemanSuperior Court of Pennsylvania · 1912
3Cited by1 opinion
- O'Hare v. McGeeSuperior Court of Pennsylvania · 1934