What is the test for a plaintiff who has failed to perform an entire contract to build?
Saskatchewan, Canada
The following excerpt is from Farrell v Sawitski, 1929 CanLII 200 (SK CA):
In this respect it appears to me that the position of the plaintiff is analogous to that of a person who has failed to perform an entire contract to build. He cannot recover under the contract and the mere keeping of the property which is the subject of the contract does not raise any inference of a new contract to pay for it. The effect of this is clearly set out in the decision of Collins. L.J., in Sumpter v. Hedges [1898] 1 Q.B. 673, at 676, 67 L.J.Q.B. 545.
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