151 Mass. 412
Massachusetts Supreme Judicial Court
Decided May 9, 1890
Massachusetts Supreme Judicial Court · decided 1890-05-09
Contract against the defendant, as acceptor of the following order for the payment of money: “ Brighton, July 12, 1887. S. J. Wilde, — Please pay G. Fuller & Son one thousand dollars, being amount of second payment due on contract for building house on Foster Street, said payment being due when house is plastered. C. A. Prouty.— July 12, accepted. Samuel J. Wilde.” Writ dated October 6, 1887.
Cited by 2 later decisions — most recently January 1930
2 state decisions
Relies on Somers v. Thayer · Proctor v. Hartigan
Good law ✅— No negative treatment on recordhow we know
Decided 1890-05-09
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¶1Our consti’uction of the order is, that the money was payable when the amount of the second payment on the contract should become due. It was agreed that the second payment was never earned, and never became due. The order therefore never became payable. See Newhall v. Clark, 3 Cush. 376; Somers v. Thayer, 115 Mass. 163; Proctor v. Hartigan, 143 Mass. 462.
¶2Exceptions sustained.