Front Street, Mission & Ocean Railroad v. Butler

As we construe the contract, Butler was to pay ten per cent, upon the beginning of the work; an additional ten per cent, when the line of the road shall have progressed the distance of four blocks westerly from Polk street; an additional ten per cent, when the line shall have been completed opposite the land of Butler, and the remainder in monthly installments of ten per cent, thereafter.

In fact, the foregoing is substantially the language of the contract itself.

The covenant to make monthly payments, after the first three payments, was independent—at least so far as the installments might become due prior to the expiration of the six months. The payment of money cannot be made dependent on the performance by the other party of a condition, which, by the very terms of the contract, is not to be performed, or may. not be performed until after the date at which'the money is to be paid.

' Courts are disinclined, As was observed by the Court of Appeals of Bow York (20 B. Y. 432), to construe the stipulations of a contract as conditions precedent, unless compelled by the language of the contract plainly expressed. The reason of this disinclination is that such a construction…