McMasters v. Town of Byars

The parties occupy the same relative positions as they did in the trial court, and for convenience plaintiff in error will be referred to herein as plaintiff and the defendant in error as defendant.

This is an action wherein plaintiff seeks to recover a fee for the preparation of plans and specifications for a municipal sewer project in accordance with the terms of a contract the validity of which constitutes the issue involved. The case was submitted to the court on an agreed statement of facts and thereon defendant was awarded judgment. The errors assigned are that the judgment is contrary…