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CLARK v. MOORE

86 S.E.2d 37 (1955)

196 Va. 878

Harry G. CLARK v. James R. MOORE.

Supreme Court of Appeals of Virginia.

March 7, 1955.

Attorney(s) appearing for the Case

Louis B. Fine, Robert C. Stackhouse, Norfolk, for plaintiff in error.

Willcox, Cooke & Willcox, Richard B. Spindle, III, Norfolk, for defendant in error.

Before HUDGINS, C. J., and SPRATLEY, BUCHANAN, SMITH and WHITTLE, JJ.

WHITTLE, Justice.

Harry G. Clark filed a motion for judgment against James R. Moore, alleging that he was due the sum of $1,000 for services, based upon an oral contract concerning certain work to be done on a building at the Naval Base in the city of Norfolk. The motion alleged in part:

"The said contract provided for the payment to the plaintiff of ten per cent of the profits made on the above mentioned work * * * for services rendered in figuring the costs...

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