JUDGMENT

Sharma J:

The plaintiff and the defendant entered into an agreement on 17 January 1962 whereby the plaintiff agreed to erect eight plank houses for the defendant on the latter's land. The defendant agreed to pay the plaintiff $6,150 for the construction of these houses. Payment of the contract price was to be made by the defendant in accordance with cl 8 of the agreement which is reproduced below:

8. Payment shall be made as follows:

(a) The first payment is paid upon signing of this agreement and the amount is $1,000.

(b)When the beams have been erected an advance of $500 to be paid to the second party.

(c)When roofs are covered then another advance of $650 to be paid to the second party.

(d)After one month of completion another advance of $500 to be paid to the second party.

(e)The balance of $3,500 shall be paid by monthly instalments of $250 by 14 months instalments. The monthly instalments shall be paid from first to 15 day of each month. If the instalment is not paid accordingly then the first party shall be responsible for the compensation incurred by the second party.

The plaintiff had earlier on 2 August 1962 commenced an action in the Sessions Court, Malac