Greenwood Lumber Co. v. Lanham

Citations

• 129 Miss. 40
• 91 So. 703

Syllabus

<p>1. Work and Labor. One contracting to furnish materials and labor to complete a job cannot abandon the work and recover on a quantum meruit. .</p> <p>One who contracts to furnish the materials for and perform the labor necessary to complete a plumbing job in a residence for a fixed sum cannot abandon the work and recover on a quantum meruit, for such a contract is an entirety and cannot be apportioned, and no recovery can be had thereon by the party guilty of its breach; he cannot recover on the contract because he has failed to perform it, nor can he recover upon a quantum meruit because of the existence of the contract.</p> <p>2. Wokk and Lahok. Party completing plumMng jol> which is accepted, and, after owner’s default in payment, removing part of fixtures is in same position as if never having completed it, and cannot recover.</p> <p>And that principle of law applies to such a contract where the plumber has completed the job according to contract, which has been accepted by the owner of the residence; and where, upon default by the latter in the payment of the contract price, the plumber without the consent of the owner of such residence goes therein and tears out and takes away and appropriates to his own use a large part of said fixtures, and then sues such owner of the residence on the contract for the contract price; under such facts said plumber’s attitude is as if he had never completed said contract. He must stand on his contract and the remedy of force adopted by him for its enforcement.</p>