17 Del. 1
Decided September 21, 1897
Superior Court of Delaware · decided 1897-09-21
Action of Debt founded on a contract entered into be-ween the plaintiff and the defendant, by which the plaintiff was to well and sufficiently erect and finish in a workmanlike manner all the different branches of work of every kind and nature as required in the erection and completion of a brick dwelling house, according to plans and specifications, for the sum of $5,069, to be paid in installments as set out in the contract.
Decided 1897-09-21
¶1This being a contract for the erection and
¶2completion of a building and the money being payable upon the condition of the completion of the contract, it is not an obligation for the unconditional payment of money and does not come within the statute allowing judgment at the first term upon affidavit of demand. We therefore refuse judgment.