
    
      John Kennedy vs. Edwin Barnwell, Jun.
    
    A written contract to pay a stipulated smn for work to be done — tbe contractor binding himself to finish it'by a day fixed-carries interest from the time the work is finished
    
      Before O’Neall, J., at Charleston, Spring Term, 1853.
    Assumpsit on a written contract, whereby the plaintiff, for the sum of $1,225, (no time of payment being mentioned,) agreed to dig a canal for the defendant. The contract bore date January 5, 1850. The plaintiff commenced the work, and in May bound himself by an additional contract, for the performance of which one Q,uackenbush was his surety, to finish the canal by February 1, 1851, or pay ten dollars per day until it was finished. When this last contract was entered into, the defendant paid the plaintiff $875.
    His Honor charged the jury that the plaintiff was entitled to interest on the balance due him from the time of the completion of the work ; and they found accordingly.
    The defendant appealed.
    McCrady, Memminger, for appellant..
    Petigru, contra.
   The opinion of the Court was delivered by

O’Néall, I.

In this case, it is only necessary to refer to the rule stated by my brother Withers, in Dotterer vs. Bennett, 5 Rich. 298 :

“ A promise in writing to pay a sum of money at a certain time, and that is certain which can be rendered certain, is (according to our own and other American decisions) a contract that carries interest as a legal incident.”

Here the promise to pay $1,225 is in writing. The law fixes that that sum was due the moment the work was completed. It was only necessary to fix that period, and the rule was complied with.

But an additional written contract was entered into, when Mr. Barnwell paid to the plaintiff $875. They then agreed that the work should be finished, under a penalty, by the 1st of February, 1851. Beyond all doubt, this gave the party the right to interest from at least that period.

The motion is disrnissed.

Wardlaw,Withers, Whitner, Glover, and Munro, JJ., concurred.

Motion dismissed.  