First State Bank of Eastland v. Phelps

Defendant in error, H. T. Phelps, instituted this suit against the First State Bank of Eastland, the Texas State Bank of Eastland, and James Shaw, banking commissioner of Texas, who is in charge of said banks as liquidating agent. He pleaded an express contract with the First State Bank of Eastland, by which he was employed as an architect to prepare plans and specifications for a bank building, by the terms of which his compensation was to be 3 1/2 per cent. of the cost of the construction as compensation for preparing the plans and specifications, and 1 1/2 per cent. of such cost for…