Valentine v. Quackenbush

(after stating the facts as above).

The defendant, plaintiff in error here, assigns as error the action of the court in admitting evidence tending to show that the contract between plaintiff and defendant provided for a commission of 2J4 per cent, of the cost of one of the buildings remodeled, for plans, in addition to the 10 per cent, of such cost for the services of the plaintiff. It is said that there was no issue raised as to what plaintiff was to be paid, and that the exception to the admission of such evidence was well taken. But in the bill of particulars, which was furnished by…