A Summary of the Law of Contracts

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that each month's service shall be paid for at the end of the month, a failure to pay at the end of any month will not justify the other party in refusing to serve during the follow- ing month. So in Franklin v. Miller ^ the plaintifE's obligation to pay the defendant 1/. per week was unilateral, the 1^. per week being a debt created by the plaintifE's receipt of 40Z. quarterly. But this principle will not commonly apply to a building con- tract which provides for payments by instalments as the... work progresses ; for the respective instalments are not payments for the work already done, but they are part-payments in advance for the entire work.
They are not debts, therefore, and they are only pay- able by virtue of express covenants or promises. The same question was involved in Havelock v. Geddes ; ^ for the plaintifE's right to recover instalments of freight which, by the terms of the charter-party, had not become payable when the vessel was lost, depended upon whether freight was earned monthly.


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