ZIMMERMAN, J.
The bill of exceptions discloses that Mrs. Frick contracted with Philip W. Kessler, doing business as Atlas Construction Company, for the construction of a house for her on her property on what is commonly termed a cost-plus basis, that is, the total cost of the construction of the building plus a certain per cent of that amount as profit or compensation for Kessler.
Kessler entered into a contract with Rebisso, at a stipulated price of $3,270...
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