This section is from the book "The Law Of Contracts", by William Herbert Page. Also available from Amazon: Commercial Contracts: A Practical Guide to Deals, Contracts, Agreements and Promises.
14 Los Angeles Traction Co. v. Wilshire, 135 Cal. 654; 67 Pac. 1086.
15 Stevens v. Ambler, 39 Fla. 575; 23 So. 10.
16 Northup v. Standifer (Ky.),23 S. W. 348; Northup v. Ward (Ky.), 15 S. W. 247.
17 Drew v. Goodhue, 74 Vt. 436; 52 Atl. 971.
18 Home v. McRae, 53 S. C. 51; 30 S. E. 701.
19 Spalding v. Mason, 161 U. S. 375.
20 Singer Mfg. Co. v. McLean, 105 Ala. 316; 16 So. 912; Shoemaker v. Acker, 116 Cal. 230; 48 Par. 62.
21 Wiley v. Athol, 150 Mass. 426; 6 L. R. A. 342; 23 N. E. 311.
22 Hansen v. Beebe, 111 la. 534; 82 N. W. 942.
23 Holmes v. Oil Co.. 138 Pa. St. 546; 21 Am. St. Rep. 919; 2 Atl. 231.
24 Madden v. Oestrich. 46 Minn. 538; 49 N. W. 301.
25 Thompson v. Brown. 106 la. 367; 76 N. W. 819.
26 Bailey v. Wayman. 201 Pa. St. 249; 50 Atl. 767; Meincke v. Falk, 61 Wis. 623; 50 Am. Rep. 157; 21 N. W. 785.
27 Thoubboron v. Lewis, 43 Mich. 635; 38 Am. Rep. 218; 5 N. W. 1082.
28 Main v. Oien, 47 Minn. 89: 49 X. W. 523.
29 Ponce v. Smith, 84 Me. 266; 24 Atl. 854.
A contract that manufacturing agents shall keep a patented fence in stock to till orders taken by their selling agent, is substantially performed by their having materials and ma chinery for making such fence and being prepared to furnish it upon demand.30 A provision that the vendee of a grain separator is to give the vendor notice when he intends to open the threshing season, so that the vendor may send down an expert to remedy defects, is substantially performed if the vendor in fact sends an expert at the time of the opening.31 A contract to advance thirty-three thousand dollars for bonds of a corporation is satisfied by paying eighteen thousand dollars and retiring fifteen thousand dollars par value of old bonds of the corporation, even though only fourteen thousand dollars was paid to procure such bonds.32 A contract to maintain an omnibus line from a given hotel to the depot, is substantially performed although at times the same omnibus was used to take passengers to several different hotels, and a separate omni-bus line was contemplated by the contract.33 A contract to place and keep up fourteen hundred signs on an elevated railway, is substantially performed where all were kept up except twenty, and these were placed in galleries leading to a bridge, but were removed and placed in temporary galleries while the other galleries were being reconstructed.34 A contract by which owners of adjoining sections of low land agree to fill in the land owned by them as fast as adjoining land is filled in, so that it is unnecessary to have a barrier on the division line to retain the earth thus filled, and provide that if such filling is not made the adjoining owner may build the barrier at the expense of the former, is substantially performed where the former builds such barrier at his own expense.35 A contract, whereby A agrees to assign certain patents to B, is substantially performed where at B's request A assigns such patents to X for B's use.36 A contract by which a hospital agrees to support three beds for use of soldiers, to be used by others when there are no soldier applicants, is substantially performed where the hospital accepts all applications for admission made by soldiers.37 A contract to keep buildings and machinery insured for not less than six thousand two hundred dollars, payable to the lessors as their interests may appear, is substantially performed if the lessee obtains insurance upon the buildings amounting to more than three thousand dollars, and upon the machinery amounting to more than four thousand dollars, payable to the lessors as their interests should appear.38 In this case the machinery belonged to the lessees, but a provision of the lease gave the lessors a lien thereon for all unpaid rent. A contract by a bridge company with the city to sell a hundred tickets crossing the bridge for one dollar, is substantially performed if the bridge company sells five tickets for one dollar, each ticket good for twenty crossings.39 Substantial performance of a contract to exterminate all the prairie dogs on a certain tract of land, will entitle the contractor to recovery.40
30 Carrington v. Waff. 112 N. C. 115; 16 S. E. 1008.
31 Hansen v. Gaar. 68 Minn. 68; 70 X. W. 853.
32 Franklin Trust Co. v. Electric Co., 57 N. J. Eq. 42; 41 Atl. 488.
33 Hathaway v. Lynn, 75 Wis.
186; 6 L. R. A. 551; 43 N. W. 956.
24 Desmond-Dunne Co. v. Fried-man-Doscher Co., 162 N. Y. 486; 56 N. E. 995.
25 Commonwealth v. Wharf Co., 166 Mass. 395; 44 X. E. 350.