WENDEL v. MAYBURY

No. 20072.

75 So.2d 379 (1954)

WENDEL v. MAYBURY et al.

Court of Appeal of Louisiana, Orleans.

On Rehearing November 8, 1954.


Attorney(s) appearing for the Case

Forteous & Johnson, New Orleans, for plaintiff-appellant.

Richard Dowling, New Orleans, for defendant-appellee.


JANVIER, Judge.

This is a suit by a building contractor for a balance alleged to be due to him on a ten per cent commission which he alleged defendants agreed to pay him on what is termed "a cost-plus" building contract under which he agreed to erect for defendants a building for which they were to pay all costs of labor and material and then a commission to him on the said cost.

The defense is that the contract was for a specified price and that the total...

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