The time of performance is sometimes made to depend upon the doing of some specified act other than that which the parties to the contract agree to do or it is made to depend upon the happening of some event which the parties to the contract do not covenant to cause to happen.1 The tendency of the courts is to hold that unless the contract shows clearly that such an action is an express condition,2 the provision with reference to such act is inserted in order to fix the time of performance, but not to make the doing of such act or the happening of such event a condition precedent. If this is the intention of the parties, the fact that such act is not performed or that such event does not happen, does not discharge the contract, and the act which the parties agree to do upon the performance of such act or upon the happening of such event, is to be performed in at least a reasonable time.3 This principle has been applied to a promise to pay when the maker has finished a church then building;4 or to pay when a certain dispute is settled;5 or "as soon as the crop can. be sold or the money raised from any other source;" 6 or when the promisor shall sell the place he lives in;7 or to pay in twelve months, "or as soon as I can sell the above amount of Allen's Vegetable Tonic";8 or to credit the amount of the debtor's cigars sold by the creditor, upon the debt and thus extinguish it; 9 or when other specified property is sold at a specified price;10 or to pay in four months or as soon as the promisor shall collect a certain note; 11 or to pay by a certain date, "on the condition that the banks of Tennessee have resumed specie payment at that time; if not, as soon thereafter as they do resume specie payment";12 or to pay by a certain day, "or as soon thereafter as said railroad company" shall make certain payments to the promisor,13 and to a contract to deliver lumber at a certain time, "or as soon thereafter as vessel can be got ready."14 If A agrees for value to pay a certain amount to B when A's residence can be sold for a certain price, A's promise is not discharged by the fact that the house is burned and if A collects insurance thereon such debt becomes due and payable within a reasonable time after A has collected such insurance.15 A promise to pay a certain amount "out of the first receipts from coal lands," after the promisor was reimbursed for a certain amount which he had invested, imposes a duty to pay in at least a reasonable time.16 If a mining company makes a promise for value to pay an amount out of the proceeds of ore sales and compromises, it is bound absolutely, if the amount received from ore sales and compromises is not sufficient, to pay such debt within a reasonable time.17 A note, payable ninety days after the return of a specified ship, is payable in case such ship is lost, ninety days after the time usually required for such a trip.18 If a promise is made to pay a certain sum when it is realized from the sale of the products of certain lands, such sum is due at once as soon as the promisor has made literal performance impossible by selling such land.19 An agreement to pay the consideration for a conveyance to the grantor's grandson when he reaches the age of twenty-one, is not discharged by his death before reaching such age, but his legal representatives may recover the amount when such grandson would have been twenty-one had be lived.20

2Peabody v. Fellows, 181 Mass. 26, 62 N. E. 1053.

3 Harding v. Olson, 177 111. 298, 52 N. E. 482 [affirming, 76 111. App. 4751.

4Hagerman v. Cowles, 14 N. M. 422, 94 Pac. 946.

5 Luckhart v. Ogden, 30 Cal. 547; Attwood v. Clark, 2 Me. 249; Echols v. Railroad Co., 52 Miss. 610.

6 Cotton v. Cotton, 75 Ala. 345; Hill v. Hobart, 16 Me. 164; Hedges v. R. R., 49 N. Y. 223.

1 California. Remy v. Olds, 88 Cal. 537, 26 Pac. 355.

Kansas. Greenstreet v. Cheatum, 99 Kan. 290, 161 Pac. 596.

Kentucky. Collins v. Park, 93 Ky. 6, 18 8. W. 1013, Fox v. Commercial

Press Co. (Ky.), 88 S. W. 1063, 28 Ky. Law Rep. 44.

Massachusetts. Magnolia Metal Co. v. Gale, 189 Mass. 124, 75 N. E. 219.

Michigan. McKinnon Mfg. Co. v. Fish Co., 102 Mich. 221, 60 N. W. 472.

Minnesota. Yanish v. J. Neils Lumber Co., 101 Minn. 78, 11 L. R. A. (N.S.) 92, 111 N. W. 921.

Ohio. Wright v. Hull, 83 O. S. 385, 94 N. E. 813.

Oklahoma. Leeper Bros. Lumber Co. v. Gunter, - Okla. - , 160 Pac. 606.

Utah. White v. Century Gold Min. & Mill. Co., 28 Utah 331, 78 Pac. 868.

2 See Sec. 2564 et seq.

3 United States. Nunez v. Dautel, 86 U. S. (19 Wall.) 560, 22 L. ed. 161; Jacoby v. Jacoby, 103 Fed. 473.

Alabama. Crass v. Scruggs, 115 Ala. 258, 22 So. 81.

California. Poirier v. Gravel, 88 Cal. 79, 25 Pac. 962.

Florida. Whiting v. Gray, 27 Fla. 482, 11 L. R. A. 526, 8 So. 726.

Georgia. Eaton v. Yarborough, 19 Ga. 82; Bryant v. Atlantic Coast Line Ry., 119 Ga. 607, 46 S. E. 829.

Illinois. Harlow v. Bos well, 15 111. 56; McCarty v. Howell, 24 111. 341.

Kansas. Greenstreet v. Cheatum, 99 Kan. 290, 161 Pac. 596.

Maine. Crooker v. Holmes, 65 Me. 195, 20 Am. Rep. 687.

Massachusetts. Alvord v. Cook, 174 Mass. 120, 75 Am. St. Rep. 288, 54 N. E. 499.

Mississippi. Randall v. Johnson, 59 Miss. 317, 42 Am. Rep. 365.

Ohio. Wright v. Hull, 83 O. S. 385, 94 N. E. 813.

Oregon. Noland v. Bull, 24 Or. 479, 33 Pac. 983.

Tennessee. Walters v. McBee, 69 Tenn. (1 Lea) 364.

Utah. White v. Century Gold Min. & Mill. Co., 28 Utah 331, 78 Pac. 868.

4 Eaton v. Yarborough, 19 Ga. 82.

5 Bryant v. Atlantic Coast Line Ry., 119 Ga. 607, 46 S. E. 829.

6 Nunez v. Dautel, 86 U. S. (19 Wall.) 560, 22 L. ed. 161.

7 Crooker v. Holmes, 65 Me. 195, 20 Am. Rep. 687. (Hence judgment and levy on such property does not relieve the promisor from liability to pay in a reasonable time.)

8 Harlow v. Boswell, 15 111. 56.

9 Jacoby v. Jacoby, 103 Fed. 473.

10 Noland v. Bull, 24 Or. 479, 33 Pac. 983. As to pay a commission by conveying realty when other realty is exchanged. Alvord v. Cook, 174 Mass. 120, 75 Am. St. Rep. 288, 54 N. E. 499.

11 McCarty v. Howell, 24 111. 341. 12 Walters v. McBee, 69 Tenn. (1 Lea) 364.

A promise to pay when able is held in some jurisdictions to imply a promise to pay in at least a reasonable time. This principle has been applied to contracts to pay "when I can make it convenient,"21 "as fast as I can spare the same from my salary,"22 as fast as the promisor was financially able without sacrificing his interests in a given corporation, for stock in which the contract in question was made,23 or "when payor and payee mutually agree."24 In other jurisdictions a promise to pay as the debtor "might feel able to pay," is held to leave the time of payment in the bona fide and honest judgment of the debtor, though a legal liability is created by such contract.25 If the debtor is in fact financially able to pay, he is bound to make the payment stipulated under such contract.26 An express provision that payment shall not be made until a certain event occurs, leaves no room for construction and is given full force and effect.27

13Crass v. Scruggs, 115 Ala. 258. 22 So. 81.

14 Whiting, v. Gray, 27 Fla. 482, 11 L. R. A. 526, 8 So. 726.

15 Greenstreet v. Cheatum, 09 Kan. 290. 161 Pac. 596.

16 Wright v. Hull, 83 O. S. 385, 94 N. E. 813. (In such a case a reasonable time would expire, at least at the end of ten years.)

17 White v. Century Gold Min. & Mill. Co., 28 Utah 331, 78 Pac. 868.

18 Randall v. Johnson. 59 Miss. 317. 42 Am. Rep. 365.

19 Poirier v. Gravel, 88 Cal. 79, 25 Pac. 962.

20 Haines v. Weirick, 155 Ind. 548. 58 N. E. 712.

21 Lewis v. Tipton, 10 O. S. 88, 75 Am. Dec. 498.

22 Culver v. Caldwell, 137 Ala. 125, 34 So. 13.

If a provision is inserted in a contract that a party who saws logs into lumber is not to be paid until the adversary party has sold the lumber, payment is not due until such sale.28

If the contract shows that the parties intended to make such act or event a condition precedent to the payment of the money, full effect must be given to such intention and such payment can not be enforced until such act or event occurs.29 A promise which is made for value by which A agrees to pay to B a deposit which B has made with the United States Government, when the government should permit such deposit to be applied to the payment of a contract between B and the United States Government, which contract B has assigned to A, requires A to pay to B such parts of such deposits as the government by a change in rule permits to be applied to the payment under such contract.30 If the contract of a subcontractor does not contain an express provision with reference to the time of performance, it will be construed as requiring performance so as to enable the principal contractor to perform his contract,31 at least if the subcontractor knows of the provisions of the principal contract.32

23Chadwick v. Hopkins, 4 Wyom. 379. 62 Am. St. Rep. 38, 34 Pac. 899. (A delay of four years was held more than a reasonable time.)

24 Page v. Cook, 164 Mass. 116, 49 Am. St. Rep. 449, 28 L. R. A. 759, 41 N. E. 115.

25 Pistel v. Ins. Co., 88 Md. 552, 43 L. R. A. 219, 42 Atl. 210.

26 Flather v. Machine Co., 71 N. H. 398, 52 Atl. 454.

27 Gardner v. Edwards, 119 N. Car. 566, 26 S. E. 155. See Sec. 2564 et seq.

28Gardner v. Edwards, 119 N. Car. 566, 26 S. E. 155.

29Fox v. Commercial Press Co. (Ky.), 88 S. W. 1063, 28 Ky. Law Rep. 44; Pfantz v. Humburg, 82 O. S. 1, 91 N E. 863; Leeper Bros. Lumber Co. v. Gunter, - Okla. - , 160 Pac. 606. See Sec. 2564 et seq. and Ch. LXXXIV.

30 Yanish v. J. Neils Lumber Co., 101 Minn: 78, 11 L. R. A. (N.S.) 92, 111 • N. W. 921.

31Noyes v. Noullet, 118 La. 888, 43 So. 539.

32Noyes v. Noullet, 118 La. 888, 43 So. 539.