24 Kan. App. This provision required the furnishing of income tax returns upon the request of the Bank. The doctrine of substantial performance does not require performance in exact correspondence with the contracted obligation.
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. Whether a party has substantially performed a promise under a contract is a question of fact to be determined from the circumstances of each case. In this case, it was error for the trial court to resolve the issues on a motion for summary judgment. In this case, the determination of what may be a material breach of the note and mortgage in the future must wait until a breach occurs. Opinion filed February 13, 1998.