Feeney v. Bardsley

The opinion of the court was delivered by

Van Syckel, J.

This-suit was brought by Feeney, the defendant in error, to recover the balance alleged to be' due to him upon a building contract.

The plaintiff in error relies for reversal upon alleged errors in the charge of the trial court. . -■

The trial judge charged that if the contractor did not substantially comply with the contract he could not recover. *240He told the jury that if a builder contracts to erect a two-story and a half house, and he erects only a one-story and a half house, he cannot recover, although he has added value to the owner’s…