Otis Elevator Co. v. Standard Construction Co.

NORDBYE, Chief Judge.

On or about January 26, 1946, the Swedish Hospital of Minneapolis, hereinafter sometimes called “Swedish”, and the Standard Construction Company, 'hereinafter sometimes called “Standard”, entered into a contract upon a cost plus a fee basis for the construction of certain new floors at the hospital and for certain alterations in the existing hospital structure. The total cost was estimated in the contract at $640,-€00 plus the fee to Standard of five per cent of the final construction figure. On February 16, 1946, Otis Elevator Company, hereinafter sometimes called…