If the plaintiff had hired his negroes to the defendant on the 1st day of January, 1865, for Confederate currency, under an ordinary contract of hiring — then this case would come within the decision in Williams v. Rockwell, 64 N. C. 325—and the plaintiff would he entitled to recover the value of the services of his negroes.
But this contract differs materially from an ordinary contract of hiring when payment is to be made at a future day.
It was in evidence “that the defendant refused to hire said negroes unless plaintiff would agree to take Confederate money in advance for the hire. Plaintiff did agree to do so with the understanding that he was to get the money whenever he would apply for it.” This agreement constituted mutual and dependant contracts between the parties, founded upon concurrent considerations.
The defendant promised that upon receiving the negroes he would pay Confederate money for the hire, or be ready to make payment when the^plaintiff should apply. The evidence shows that the defendant kept funds ready to comply with his contract.'
The plaintiff agreed to receive such money in advance, or make application for payment within a reasonable time. As the plaintiff did not perform his contract by offering to receive the money, he is"not’entitled to recover. Chit. on Con. 738, 1 Salk 170 n (a) 1 Saund. 320 n (4) 57.
There was error in the ruling of his Honor and there must be a veni/re de novo.
Let this be certified.
Pee Curiam. Judgment reversed.