
    Samuel Lewis v. Robert Esther.
    If a man contract to do certain work, at a certain price, and quits it before it is finished, be cannot recover upon a quantum meruit, the value of his labor.
    The plaintiff agreed to do certain work for the defendant, for the sum of $125. He began, but abandoned it before it was finished, and now sued for quantum meruit, and offered to prove the value of his work.
    
      Mr. Tones, for the defendant,
    objected that there was an express, specific agreement at a certain price, and therefore the plaintiff could not recover upon an implied assumpsit.
    
      Mr. Ashton, contrd,
    
    contended that, by usage, money is due as the work progresses, otherwise a poor mechanic cannot go on.
   But

the Court

(nem. con.) rejected the evidence, and instructed the jury that the plaintiff is not entitled to recover in this action.  