Odgers v. Held

August 1, 1958, plaintiff, as builder, and defendants, as owners, entéred into a written contract for the construction of a residence on defendants’ property for:

“Total cost, plus a fixed fee of $1300.00. Total costs include labor, sub-contractors and materials; plus agreed 10(5 health and welfare and 8% of wages as overhead.”

Plaintiff built the house; defendants have paid him $25,450.

Plaintiff commenced this action to foreclose a lien for the unpaid balance, alleged to be $2,821. Defendants cross-complained for $17,500 damages for faulty construction.

The following findings of fact stand…