Dixon v. State

DAVIDSON, Judge.

Appellant contracted in writing with the injured party to remodel her house on a cost plus basis — that is, appellant was to be paid the cost of the material and labor in the construction and fifteen per cent of the cost of construction for his services.

In the course of the construction' appellant used 4,000 feet of 12" concrete tile pipe, billed to him by the materialman at $400, which appellant subsequently paid.

In a bill for $709.76, rendered to the injured party, the 4,000 feet of pipe was listed at $500, which the injured party paid. It is for this $100 difference between…