Bond v. W. T. Congleton Co.

Opinion op the Court by

Judge Pulton

Affirming.

The petition of appellee, Congleton Company, alleged that William Pettit, owner of two adjacent lots on Main Street in Lexington, contracted with appellee for the construction of a building thereon and agreed to pay therefor the actual cost of labor and materials and, in addition thereto, 10 per cent of the total aggregate thereof; in short, that the building was contracted for on a cost plus basis; that work began under the contract in June, 1934, and it continued to furnish labor and materials until December 5, 1934, at which time the…