Where the works comprise the replacement of parts of an existing structure, the property in the old materials will not pass to the contractor in the absence of a term in the contract to that effect. If the contractor has agreed to allow in his price for the value of old materials but fails to do so, the employer is entitled to set off such value against the contract price.
Under a building lease, the lessee is entitled to the materials dug out for the purpose of laying the foundations contemplated by the agreement
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