Worcester Medical Institution v. Bigelow

The question is, whether upon the facts the action can be maintained ? And it is very plain that it cannot. The subscription was for building a medical college for the Worcester Medical Institution. The third instalment was to be paid when it was completed for a medical college. It never was so completed, but was sold and conveyed by the plaintiffs, and then completed for another and very different purpose.

Judgment for the defendmt.