When a certain work has been entrusted to a person by reason of his personal qualifications, the contract is rescinded by the death of said person.
In such case, the owner must pay to the heirs of the constructor, in proportion to the price agreed upon, the value of the part of the work executed, and that of the prepared materials, provided he may obtain any benefit from such materials.
The same shall be understood if the person who contracted for the work cannot finish it by reason of any cause independent of his will.
History —Civil Code, 1930, § 1487.