Lytle, Campbell & Co. v. Somers, Fitler & Todd Co.

Opinion by

Mr. Justice Kephart,

This is an action of assumpsit. Defendant, desiring to remodel'certain buildings, entered into a contract with plaintiff, Lytle, Campbell & Company, Inc., to do the work *412“on a time and material basis, with ten per cent profit as compensation to the contractor, the records of the cost to be kept at all times in such a manner as to be checked and audited by the owners.” The controversy in these appeals arises from the construction to be given the words just quoted. Itemized statements were sent each week of the amounts paid the various workmen, and the cost of…