Stewart v. Newbury

The plaintiff, a contractor and builder, contracted to do work for defendants by letter, partners in a pipe fitting business. The contract did not stipulate the time or manner of payment. However, the plaintiff claimed that he had a telephone conversation with the defendant after the sending the letter where he said: "I will expect my payments in the usual manner. . . ." Plaintiff commenced work, defendants refused to pay the bill and work was discontinued. Defendants claimed that the work done was not in accordance with specifications and that the plaintiff voluntarily abandoned the work after their refusal to pay.

"Where a contract is made to perform work and no agreement is made as to payment, the work must be substantially performed before payment can be demanded."

Contract Duties | The Order of Performance