Azure v. Hunter

LlTZ, PRESIDENT :

The defendant prosecutes error to tbe judgment of the circuit court of Monongalia county upon a verdict against Mm in favor of the plaintiff for $3,522.65.

The defendant engaged the plaintiff to build, according to plans and specifications, a dwelling house and garage in or near the city of Morgantown. The parties later signed a written contract embodying an estimate for materials and labor of $13,455.66, providing a compensation to the plaintiff of five per cent, upon the total actual cost of the buildings, and further stipulating:

“Said contractor hereby further agrees and…