1 Slubey v. Heyward, 2 H. Bl. 504; Rohde v. Thwaites, 6 B. & C. 393; Hanson v. Meyer, 6 East, 614.
2 2 Kent, Comm. lect. 39, p. 505; Sands v. Taylor, 5 Johns. 395; Adams v. Minick, cited 5 Serg. & Rawle, 32; Girard v. Taggart, 5 Serg. & Rawle, 19; Maclean v. Dunn, 1 M. & P. 761; 4 Bing. 722; Stewart v. Cauty, 8 M. & W. 160.
3 Atkinson v. Bell, 8 B. & C. 282; Mucklow v. Mangles, 1 Taunt. 318; Clark v. Spence, 4 Ad. & El. 466; Laidler v. Burlinson, 2M.&W. 615; Elliott v. Pybus, 10 Bing. 512.
4 Young v. Matthews, Law R. 2 C. P. 127 (1866).
1 Young v. Matthews, Law R. 2 C. P. 127 (1866).
2 Carruthers v. Payne, 2 M. & P. 441.
3 Clarke v. Spence, 4 Ad. & El. 470; Woods v. Russell, 5 B. & Ald. 942. See, also, Boston India Rubber Co. v. Hoyt, 1 Met. 139.
4 Woods v. Russell, 5 B. & Ald. 942; Clarke v. Spence, 4 Ad. & El. 470; The Spanish, etc. Co. v. Bell, 34 Eng. Law & Eq. 178; Goss v. Quinton, 3 Man. & Gr. 825; Wood v. Bell, 6 El. & B. 355; 36 Eng. Law & Eq. 148; Atkinson v. Bell, 8 B. & C. 282. In Massachusetts it has been held that a person who makes a contract in writing for the building of a ship, to be finished and ready for sea on a day and at a place named in the contract, for a fixed price, part of which he agrees to pay while the work is in progress, in regular weekly payments, without regard to the amount of work accomplished, and the remainder when the ship is ready for sea, acquires no property in the ship before her completion, although an agent employed and paid by him to superintend the construction is, by oral permission of the builders, present every day while the ship is building, making suggestions and giving directions about the work. Williams v. Jackman, 16 Gray, 514 (1860). An engine was built by A. for B. under lows that the manufacturer has at any time a lien on the property for the work done additional to that which is paid for by the last instalment.1 If the article be destroyed while in the process of manufacturing or building, the orderer loses his advances, and the maker or manufacturer all the work not already paid for. Where materials are supplied by the orderer, the manufacturer cannot appropriate the goods to any one else; and in case of loss, before finishing, the orderer loses his materials and the value of the work done, which he is obliged to pay the manufacturer.2 a contract which provided that it should he paid for as the work on it progressed, reserving a margin of twenty per cent until it should be "started in a satisfactory manner; "that it should be delivered at B.'s dock, and transported at B.'s expense to his works, that B. should prepare a foundation for it, and add to it materials and work of his own; and that A. should be required to furnish at B.'s works only the skilled labor required to set it up and start it. The engine was delivered at the wharf, transported to the works, and the whole price paid except the twenty per cent, when it was attached as the property of A. Held, that the title to it had passed to B. as against A. and his creditors. Mount Hope Iron Co. v. Buffinton, 103 Mass. 62 (1869).
2 Ante, § 892; Gillett v. Mawman, 1 Taunt. 137; Menetone v. Athawes, 3 Burr. 1592.