26.07 [1981 Revision] Verdict Directing-Breach of Bilateral Contract-When Substantial Performance Sufficient

Instruction No 1 26.07 [1981 Revision] Verdict Directing--Breach of Bilateral Contract-- When Substantial Performance Sufficient Your verdict must be for plaintiff if you believe: First, plaintiff and defendant entered into an agreement whereby plaintiff agreed (set out plaintiff's agreement ) and defendant agreed (set out defendant's agreement ), and Second, plaintiff substantially performed manner], and his agreement [in a workmanlike Third, defendant failed to perform his agreement, and Fourth, plaintiff was thereby damaged. * [unless you believe plaintiff is not entitled to recover by reason of Instruction Number (here insert number of affirmative defense instruction ) ].