BURTON, INC., v. DURKEE

No. 33913.

162 Ohio St. 433 (1954)

CHARLES A. BURTON, INC., APPELLEE, v. DURKEE ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided December 22, 1954.


Attorney(s) appearing for the Case

Messrs. McCreary, Hinslea & Ray and Mr. Ansel B. Curtiss, for appellee.

Messrs. McDonald, Hopkins, Hood & Hardy, for appellants.


HART, J.

One of the assignments of error made by the owners is that, even though the contract between the parties was on a cost-plus-fixed-fee basis, it contained a maximum limitation clause of an approximate amount of $27,000, plus a fixed fee of $2,700; that such limitation should be recognized; and that a cost-plus builder whose claimed costs are disputed should be limited to recovery of the reasonable cost of the...

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