the
work is to be done. This is a part of the contract whether the house
is clearly specified or not. Therefore, an employer who does not own
the house, or parts with it before the work is completed, is liable to
the other party.

The destruction of a thing in the course of alteration or repair
without the fault of the bailee is a case like that above mentioned.
The labor and materials are expended in response to the desire of the
owner of the property, and therefore it is just that he should pay for
the property he destroyed. In one of the old cases a horse was sent to
a farrier to be cured and was burnt before a cure was completely
effected. Nevertheless, the farrier was entitled to payment for what
he had done. Likewise, the owner of a ship that is destroyed by fire a
few hours before the completion of repairs, cannot escape payment on
the ground that he has reaped no advantage.

As the illness or death of a contractor does not, like fire or
shipwreck, deprive the other party of the fruits of what has been
already done, the benefit resulting to him is more obvious, and the
element of hardship is wanting that appears in many of the cases. The
value of his services or the materials he may have used may therefore
be recovered. In one of the cases A agreed that he and his wife should
live in B's house and maintain him for life. As A's wife died the
contract could not be performed. Nevertheless, A recovered the value
of the service he had rendered to B during the lifetime of his wife.

Wagering contracts either by statute or judicial decision are illegal
and void in most or all the states. In many of them the statute
permits the recovery of the money from the stakeholder or the winner.
Payment over to the winner after notice or demand by the loser is not
a good defense in an action against the stakeholder. Again, the winner
is liable who, when receiving the money, knows that the stakeholder
has been notified not to pay it over, or has received notice not to
take it.

The legality of contracts made or to be performed on Sunday is
determined generally by statute. Generally, when a contract is made on
Sunday, or is fully performed on both sides, the money paid or other
thing done in execution of it cannot be recovered. Again, one who is
induced by fraudulent representations to enter into a contract which
is in violation of a Sunday law is not so much in the wrong as the
other, and consequently may recover a benefit he h