Kalkmann v. Baylis

Citations

• 17 Cal. 291

Syllabus

<p>Plaintiffs, May 22, 1858, entered into a written contract with defendants to construct for them a warehouse of specified size, etc., to he finished on or before July. 15th, 1858, for $1,350, payable $250 cash, $500 when the building is finished, and $600 payable in freight on lumber or cash, within eight months from this date. The warehouse was finished within the time, but with some unimportant variations. Defendants received the work after completion. Plaintiffs bring this suit Nov. 17th, 1858, for $1,110—the amount of the two installments less the cash payment, the $10 being for extra work—counting on the contract and on a quantum meruit: Held, that the $600 was not due at the commencement of the suit, and that plaintiffs cannot recover therefor; that defendants had, under the contract, the election to pay in freight on lumber or money, and that if they did not at the end of eight months pay in lumber, it then became a money demand.</p>