Dolch

The defendant in error, as the assignee of one John M. Grant, recovered a judgment in the court below for $18,000, being the balance of salary claimed to be owing to Grant by the plaintiff in error for services ■ rendered as its representative. The bank relied upon the defense that, while the said sum for which the judgment was rendered was its just debt, it was not yet due and payable.

Grant’s services to the bank began .in June, 1919, under a contract in writing. He was to be paid a salary of $6,000 per annum. The contract was by its terms terminable at the will of either party. It was terminated on December 31, 1921, at which time there was a balance owing to Grant of $18,000. The contention that payment was not due at the time when the present action ' was begun rests upon the contente of two letters. On August 30, 1921, Grant wrote to the bank, acknowledging receipt of a páyment on account and saying: “I here *267 by agree to accept payment of the balance due me in installments, $6,000 on or before December 31, 1921, $2,500 on or before March 31, 1922. Balance payable upon the reopening of your Petrograd office.” In reply the bank wrote: “We confirm to you our agreement on…