Evensta v. St. Olaf College

Taylor, C.

Plaintiff entered into a contract with defendant St. Olaf College in May, 1924, to construct a science hall for the college in accordance with specified plans and specifications made a part of the contract, and to deliver the building finished and free from all liens or claims of any nature whatsoever. The contract was on what is termed a cost-plus basis. Plaintiff was to be paid the actual cost of the labor and material and an additional ten per cent thereof as his compensation. But plaintiff guaranteed that the cost of the building to defendant college should not exceed the sum of…