Question: Farrell Smith contested his father's will. He settled the contest with an agreement with his mother, Mavis. Mavis was to deed 150 acres of land to Farrell. He was to pay for a survey, build a fence on the boundary of the 150 acres, and sign all documents necessary to settle the dispute. Mavis's attorney hired and instructed the surveyor.
They changed the boundary several times. When the survey was completed, Farrell built a fence that exceeded the specifications in the agreement, paid for the survey, and signed all necessary documents. Mavis died and Farrell's sister, Carol, inherited Mavis's acreage. Another survey determined the fence included 13 acres of Carol's land with Farrell's. She sued him. Farrell defended saying he had substantially performed the agreement. Did he?