<s>[INST] This is an action of assumpsit for the benefit of one who built a house upon land owned by the defendant. The plaintiff claims a right to prevail by virtue of a parol agreement made by the defendant to pay for the materials used and labor bestowed in the building. The answer is a general denial.
The evidence offered by the plaintiff consisted of a series of letters written by the defendant to the plaintiff during the progress of the building, together with the testimony of the plaintiff. The letters contained expressions of approval of the work as it progressed, but they did not contain, nor did the testimony of the plaintiff show, any express promise to pay for the materials and labor.
The court ruled that the letters and the evidence of the plaintiff were insufficient to establish an express promise to pay, and that there was a failure of consideration for the plaintiff's claim. The court thereupon directed a verdict for the defendant, which the plaintiff appealed.
Is the plaintiff entitled to recover?[/INST]