Stresenreuter Bros. v. Bowes

Mr. Presiding Justice Taylor

delivered the opinion of the court.

This is an appeal from a judgment for $35,000.00, in the superior court, based upon a verdict in favor of the plaintiff, Stresenreuter Bros., building contractors, against the defendants, Edwin J. Bowes, Jr. and Frederick M. Bowes, for a balance claimed to be due for the erection of a seven-story and basement building on a cost-plus contract. It is the theory of the plaintiff that the building was erected by it on a cost plus ten per cent basis; that, although the contract contained a maximum cost provision of $183,-000.00, the…