Nees v. Weaver

Performance in the true spirit and meaning of the contract and intention of the parties is expected in the law. While the strict'general rule requiring complete performance of an entire contract has been relaxed in relation to building contracts, still a good-faith effort to perform and substantial compliance with the terms of the contract must exist before recovery can be had. The contractor engaging to build a building or to put on a roof under an agreement constituting an entire contract must discharge his obligations at least to the point of substantial performance or lose his right to…