Ernst

This action is to recover the sum of $594.75 upon a bond attached to a building contract. The obligation reads as follows :

The portions of the contract between plaintiff and Chisholm which are necessary to be considered arc: “And the said party of the first part does hereby for himself, his heirs, executors, and administrators, covenant, promise, and agree with and to the said party of the second part, his executors and administrators, that he, the said party of the first part, his executors or administrators, shall and will, in consideration of the covenants and agreements being strictly performed and kept by the said party of the second part, as specified, well and truly pay, or cause to be paid, unto the party of the second part, his executors, administrators, or assigns, the said sum of $2,650 gold coin of the United States *182 of America, in the manner following: that is to say, seventy-five per cent, of said sum of $2,650 as the said work shall progress, and in a sum proportionate to the value of the work done from time to time by said second party, and the balance of said sum of $2,650 when the said building herein referred to is complete and ended.

“ Provided, that in…