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.
A contract to manufacture and install a boiler of a given capacity is not performed substantially by manufacturing and installing a boiler of half of the required capacity.1 A contract requiring a shipment of goods between specified dates by "sailer or sailers," is not performed substantially by shipping such articles by steamer not within such dates.2 A contract to sell and lay carpets and oilcloth in a house is not performed substantially if the carpet is laid in two of the rooms so that the figures run the wrong way and it can not be used; and the seller can not recover if the buyer returns the goods.3 A contract to deliver a number of articles for a lump sum, is not performed substantially by delivering some of such articles which are equal in value to about a third of the entire contract price.4 Thus a contract to put in a steam plant is not substantially performed where an engine of specified horsepower, required by the contract, has not been set up.5 If the contract calls for a boiler of one hundred and fifty per cent, of the capacity of the boiler already in use, and the boiler actually furnished has only eighty-two per cent, of such capacity, there is no substantial performance.6 So a contract to put in an elevator to have a certain capacity to lift a certain number of feet and to be "suitable for passenger and freight service," is not substantially performed where it has considerably smaller capacity and will not come down to the first floor or go up to the top by four inches.7 A contract to provide boilers for heating, to .have a capacity of one hundred and forty nominal horsepower, and to meet two other requirements, is not substantially performed by furnishing boilers of a capacity of one hundred and thirty nominal horsepower, though the other requirements are complied with.8 A contract to furnish a steam heating apparatus of a capacity to warm each room of a greenhouse to seventy degrees in the coldest weather, with a boiler of capacity for a continuous run for ten hours, is not substantially performed by raising the temperature to seventy degrees for a short time during very cold weather.9
4 Manthey v. Stock, 133 Wis. 107, 118 N. W. 443.
5 Van Clief v. Van Vechten, 130 N. Y. 571, 29 N. E. 1017.
6 Symms-Powers Go. v. Kennedy; 33 S. D. 356, 146 N. W. 670.
7 Anderson v. Pringle, 79 Minn. 433, 82 N. W. 682.
8 Connor v. Trapp, 127 Ia. 742, 104 N. W. 333.
See also, Gillespie Tool Co. v. Wilson. 123 Pa. St. 19, 16 Atl. 36.
1 Manitowoc Steam Boiler Works v. Manitowoc Glue Co., 120 Wis. 1, 97 N. W. 515.
2 Ashmore v. Cox , 1 Q. B. 436.
3 Husted v. Craig, 36 N. Y. 221.