If the employer fails to make payments in accordance with the terms of the contract, a substantial default on his part is such a breach that the adversary party is justified in treating the contract as discharged.1 This principle applies to cases in which the legal effect of the contract is for payment in instalments as the work progresses, although there is no express provision therefor:2 and failure on the part of the person for whom the work is done to pay such instalments when they are, in legal effect, due and payable, justifies the adversary party in treating the contract as discharged.3

7 See ch. LXXXVIII.

Employment for six months certain at eleven dollars per month. Larkin v. Buck. 11 O. S 501.

8 Johnson v. Fehsefeldt, 106 Minn. 202, 118 N. W. 797.

9 Johnson v. Fehsefeldt, 106 Minn. 202, 118 N. W.797.

10 Johnson v. Fehsefeldt, 106 Minn. 202, 118 N. W. 797.

11 See ch. LXXV et seq.

12 See ch. LXXXVIII.

13 Powell v. Russell, 88 Miss. 549, 41 So. 5.

14 Powell v. Russell, 88 Miss. 549, 41 So. 5.

15 Worthington v. Gwin, 119 Ala. 44, 43 L. R. A. 382 [sub nomine, Worthington v. Givin, 24 So. 739].

16 Worthington v. Gwin, 119 Ala. 44, 43 L. R. A. 382 [sub nomine, Worthington v. Givin, 24 So. 739].

In this case the defects were apparently confined to one carload out of a total of eighteen thousand tons.