...the doctrine of substantial performance applies to the facts of this case. We conclude it does not for the reasons that follow. I...million. Defendant moved for judgment notwithstanding the verdict. Supreme Court granted the motion, ruling as a matter of law that "the doctrine of substantial performance has no...because plaintiff failed to satisfy the condition set forth in paragraph 4 (c) of the letter agreement. Defendant contends that the doctrine of substantial performance is not applicable to excuse...

.... Though the "substantial performance" doctrine is designed to avoid a forfeiture rather than to negate a breach, see generally E.A. Farnsworth, Contracts § 8.12 (1982), the error was...

...requesting enforcement of a construction lien. He also appeals a final judgment awarding the Knowleses attorney's fees and costs. We find the trial court misapplied the "substantial performance" doctrine and...argued that because much of the contracted-for work had not been completed, Langley's claim was barred by the "substantial performance" doctrine. The parties consented to the motion.... On appeal, Langley contends the trial court misapplied the substantial performance doctrine to the facts and circumstances of this case. We agree. It is undisputed...

...insists that inasmuch as there was a failure to completely perform the contract there can be no recovery. The contention overlooks the substantial performance doctrine, which is universally applied by the...courts of this and other states. Under the rule, a builder, upon substantial performance, is entitled to recovery of the contract price notwithstanding the work may have been defective or incomplete...

...necessary at the time the contract was terminated. The trial court decided the case under the doctrine of substantial performance. This doctrine has its origin in Article 2769 of.... It is doubtful that a contract to clear land is a construction contract which would entitle plaintiff to the benefits of the substantial performance doctrine. However...lesser burden of showing substantial performance under the doctrine. See Maloney v. Oak Builders, Inc., La.App...

...district court correctly held that the Rhode Island Supreme Court would have applied the doctrine of substantial performance to the contract at issue in this case. For the reasons.... On its initial appeal to this court, Salve Regina challenged the court's application of the substantial performance doctrine to the contract between Russell and the College. We affirmed...." 111 S.Ct. at 1221. It is that review to which we now turn. II. (A) The doctrine of substantial performance "is...

...Bank. 2. CONTRACTS — Substantial Performance Doctrine. The doctrine of substantial performance does not require performance in exact correspondence with the contracted obligation. 3. SAME — Substantial Performance Doctrine — Material...Breach Means Party Has Not Substantially Performed Its Part of the Contract. Substantial performance is the antithesis of material breach. If it is determined that a breach is material, it follows that substantial performance has not been rendered. 4. SAME — Substantial Performance Doctrine — Question...and mortgage. "[T]he doctrine of substantial performance does not require performance in exact correspondence with the contracted obligation. [Citation omitted...

...Of Expert Testimony Which Was Calculated To Assist Court In Interpreting Language Of Contract. pp. 129-132 CONTRACTS — Substantial Performance — Doctrine Of — Defined...— Applicability Of Doctrine — Applies To Constructive Conditions Precedent And Not To Express Condition — Does Not Concern Itself With Substantial Performance Of A Condition But With Substantial Performance Of Agreed Exchange Of One Party's Obligation Under The Contract Ultimately To Prevent Forfeiture For Work, Labor And Material Especially When There Is Substantial Performance Of Promissory Duty In Accordance With Terms Of Contract — Doctrine Held...considered a "substantial performance" of its contractual obligation. The substantial performance doctrine is not applicable to the situation here. The supplying to Della Ratta of the "building...

...Pegg did not pay the entire $10,000 due under the parties' oral agreement. Kohn and Kohn Electric claim the court's reliance on the substantial performance doctrine is incorrect because...“ ‘substantially’ performing an obligation is not adequate consideration.” [¶ 12] The substantial performance doctrine is the “rule that if a good-faith attempt to perform does not precisely...contract binding and enforceable.”). “There is no fixed formula by which [substantial performance] can be determined because the word ‘substantial’, the meat of the doctrine, in this context, is a relative...

...contract by failing to provide an all-bills-paid affidavit, it may still collect damages pursuant to the substantial performance doctrine. Commercial Indemnity asserts that in the case of construction...contracts, the doctrine of substantial performance allows recovery to a contractor who has breached, but substantially performed, its contract.... Dobbins v. Redden, 785 S.W.2d 377, 377 (Tex. 1990). The question this Court must answer is whether substantial performance excuses the breach of an express condition precedent. I would hold that it does not. While at one time the common law required strict compliance with the terms of a contract, that rule has been relaxed in the law of building contracts by the doctrine of...

...theory of substantial performance, and the jury found for Brown-Marx and awarded $543,000 damages. The court granted the bank's motion for new trial on the grounds that the case had been improperly submitted to the jury on the doctrine of...adequate. There is a paucity of Alabama case law on this subject. Alabama has applied the substantial performance doctrine in only one...fulfilled or no liability can arise on the promise which such conditions qualify. Id. at 184. The substantial performance doctrine provides...

...burden of proving the reasonable value of the materials and labor in question. 2. CONTRACTS. Building Contracts. Recovery of Contract Price. Substantial Performance Doctrine. It...recover the balance due on the contract under the doctrine of substantial performance. The common-law rule that there must be complete or absolute performance with the terms of a...Paper Co. v. Jackson Construction Co., 153 N.Y. Supp. 204, however, acknowledging the validity of the substantial performance doctrine, the court held that a builder who omits to perform a...

...jointly and severally liable with the other defendants for the $50,000 liquidated damages. Substantial Performance: The appellants contend that their actions on October 4 and the two days immediately following constituted substantial performance under the contracts. Although the district court may have overstated the holding of Drazin v. American Oil Company, 395 A.2d 32 (D.C.App. 1978), in asserting that the doctrine of...address the question of whether Drazin's performance had been substantial or whether the substantial performance doctrine in general could apply where time is of the essence. We too need not decide...whether the substantial performance doctrine has any proper application to time is of the essence contracts because it is evident that the appellants did not substantially perform. The appellants' acts on...

...price less reasonable damages on account of slight defects in performance.” Id. This court elaborated on the substantial performance doctrine in Farrington, stating...found the contractor rendered substantial performance under the contract and entered a judgment against the owner. The court of appeals affirmed, and we granted further review. For the reasons...related to substantial performance of the construction contract. As to the other issues raised on appeal, the court of appeals' opinion will stand as the final decision in this appeal. See...

...). II. Sellers next contend that the trial court erred in applying the doctrine of substantial performance to the buyers' exercise of the.... Analytical Design Construction Group, Inc. v. Murray, 690 P.2d 269 (Colo.App. 1984). Therefore, the doctrine of substantial performance cannot be used to avoid mandatory provisions of this...substantial performance doctrine to the option in this case, as a matter of law, the buyers complied strictly with the contractual requirements necessary for its exercise. Sellers, however...

...facilitate the 1991 transaction. Exide has identified no remaining required cooperation. Exide argues, however, citing Hadden, that the substantial-performance doctrine is...confined to the construction/employment contract areas. Indeed, the Second Circuit Court of Appeals, applying New York law, recently applied Hadden's substantial-performance doctrine in a $490...his own performance," is "a breach which is so substantial as to defeat the purpose of the entire transaction." Lipsky v. Commonwealth United...

...objected to the magistrate's application of the substantial performance doctrine to reject its breach of contract defense. The trial court overruled the objection and adopted the decision as its own...order. Adept filed a timely notice of appeal. Adept argues on appeal that the trial court erred in applying the "substantial performance" exception to reject Adept's breach of...), 79 Ohio App.3d 694. Neither does mere partial performance entitle the breaching party to collect, unless the performance it rendered substantially satisfied its contract obligations...

...substantial performance doctrine, which was submitted to the jury in Special Issue No. 1. The jury found, however, that appellant did not substantially perform the work for appellees. Although appellant...performance doctrine and on attorneys' fees, the jury found that appellant did not substantially perform the contract and that appellees were entitled to $18,500.00 as costs to remedy the defects in...contract and violation of Tex.Bus. Com. Code Ann. § 17.45 et seq. (Vernon 1977), the Texas Deceptive Trade Practices Act. In response to special issues submitted on the substantial...

...substantial performance is applicable to this problem. The doctrine of substantial performance, which is now most commonly associated with building construction contracts, was...375 (1964), for other authority applying the substantial performance doctrine to land-sale cases. In order to decide whether Bruner's survey constituted substantial...Contracts, § 157, at 248 (1970). A good example of how the doctrine of substantial performance operates to prevent such injustice is found in the building construction situation. The doctrine is...