Fuller v. Wilde

C. Allen, J. Our 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. Exceptions sustained.