Stewart v. Newbury
Court of Appeals of New York
115 N.E. 984 (1917)
Stewart (plaintiff) contracted to do excavation and concrete work for Newbury (defendant) on a per-unit basis, but the written contract said nothing about when payment would be due. After working from July to September, Stewart billed Newbury, who refused to pay, disputing both the bill's content and whether the work was complete; Stewart then stopped working and sued. At trial, Stewart testified to a phone call confirming payment would be made "in the usual manner" (monthly, for 85% of completed work), which Newbury denied. The trial court instructed the jury that silence on payment timing entitled Stewart to payment at reasonable intervals, and the jury found for Stewart; Newbury appealed after the Appellate Division affirmed.
Whether, if a contract for the performance of work does not specify when payment is to be made, the work must be substantially performed before payment may be required.