not claim recovery under quantum meruit because it would be contrary to
the express agreement. For quail 111m meruit to be available there must
have been a fresh agreement to pay for the work.

Revision

1938. Creed CiL: This case involves a contract between the
appellant and the respondent under which the respondent undertook
to carry out certain building on the applicant's land, the work to be
completed within forty-five days. In consideration of this, the appli-
cant undertook to transfer an interest in the land to the respondent
after completion of the building.~ It was further expressly provided
in the agreement that "If the building is not completed within the
specified period, the partnership shall become void and Osta Haleem
Saleh shall have no right, as against El Hag J aod Ahmed, to claim any
losses in connection with the building". The building was not com-
pleted wit~in forty-five days and the applicant ~gr~ed to an extension
of the penod. The work was not completed within the extended pe-
riod.

The respondent applied to the Province Court for specific per-
formance of the applicant's promise to transfer to him an interest in the
land. The learned judge rightly refused this, as the condition prece-
dent-completion of the work-had not been satisfied, but ordered that
the applicant should pay to the respondent a certain sum on a quantum
meruit.

It is clear that, even apart from the express term quoted above;
the respondent cannot recover any sum on a quantum meruit. When
a person is by express agreement entitled to receive a consideration
only on completion of an entire work, no agreement that he shall be
paid for partial performance of the work can be. implied, because it
is contrary to the express agreement. In order that a respondent may
in such a case be able to recover on a quantum meruit lor the work
which he has already done, there must be evidence of a fresh agree-
ment to pay for that work. In the present case there is no such evi-
dence.

The application is allowed and the decree of the district judge
is set aside and judgement entered for the applicant. Costs in this court
and the Province Court will be borne by the respondent.

Cumings DJ.: I concur.

Application allowed