v2888-1292
2
PETITION FOR REHEARING
The appellant herein, Petitioners in the court
below, herewith petitions this Honorable Court for
a rehearing upon this appeal and assigns the fol-
lowing reasons in support of this petition:
- The Court erred in holding that petitioners*
right to receive ripened in 1942 and not on January
6, 1943, the date of the certification required by the
contract.
- The Court did not recognize the requirements
of the contract which made properly certified invoices
or vouchers as a condition precedent to receive
payment.
ARGUMENT
The interpretation of the decisions cited by the
Court in its opinion is distinguishable from the case
at bar in that in petitioners' case a condition precedent
was necessary before his right to payment ripened and
became fixed. The contract provided (R. 30) that
the Petitioner would be paid, upon the submission
of properly certified invoices or vouchers, semi-
monthly, 90% of the prices stipulated therein for
articles delivered and accepted or services rendered,
less deduction. Under the terms of Spring City
Foundry Company v. Commissioner, 292 U.S. 182, 184,
archive.org Volume Name: govuscourtsca9briefs2888
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