Johnson v. Whitman

Defendant, E. Dale Whitman, headmaster and private elementary school proprietor, decided to build a new schoolhouse. He consulted with the plaintiff, Harvey H. Johnson, a professional engineer, and asked for his services in designing the building. After Whitman assured Johnson that he had the money to construct the school, the parties entered into a written contract on February 13, 1963. The contract established Johnson’s compensation in this manner:

Basic fee 6% of market cost. Market cost to be arrived at as total actual cost including labor (excluding owner’s labor), material, equipment…