Morrison

This is an appeal from a judgment for damages for the breach of a contract of employment to haul gravel to be used' for the purpose of highway construction.

On June 23, 1925, the respective parties executed a written contract of employment providing in part: “Whereas first party (Sycamore Canyon Gravel Co.) has secured the contract to furnish certain materials to Kuhn Bros, for work on the Whittier Boulevard . . . and is desirous of obtaining the assistance of second party (Morrison) in hauling the same ... it is agreed that second party shall furnish the trucks . . . hauling continuously such materials as may be required by first party from the beginning of the work on said job until the completion thereof, and first party agrees to pay second party therefor the sum of $1.15 per five sack . . . batch, subject to the conditions hereinafter contained. . . . First party shall not be compelled to pay second party for such hauling charges until twenty-four hours after first party shall have received the money from said Kuhn Bros, for the hauling of the materials in such preceding month, and that payment by first party to second party is contingent upon the receipt thereof of the…