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THOROUGHBRED MOTOR COURT v. ALLEN COMPANY

296 S.W.2d 690 (1956)

THOROUGHBRED MOTOR COURT, Inc., et al., Appellants, v. The ALLEN COMPANY, Inc., Appellee.

Court of Appeals of Kentucky.

As Modified on Denial of Rehearing December 14, 1956.

Attorney(s) appearing for the Case

Robert H. Hays, Lexington, William Hays, Winchester, for appellants.

Beverly P. White, Winchester, John Y. Brown, Lexington, for appellee.

STEWART, Judge.

The Allen Company, Inc., (appellee-plaintiff) sought in this action against defendants, Thoroughbred Motor Court, Inc., and its directors, (appellants-defendants) to recover $20,462.72 under a cost-plus contract for work done in the erection of a motor court. Plaintiff's fee was fixed at "a sum equal to 10% of the total cost thereof." Defendants counterclaimed for damages in the amount of $19,900, arising, it was alleged, out of unworkmanlike construction...

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