Hansbrough

This action was brought by plaintiffs in assumpsit to recover from the defendants a balance due as the reasonable value of labor performed and materials furnished and for the amount of moneys advanced for the benefit of the defendants in the construction of a certain building.

From the evidence it appears that the defendants were the owners of a lot in San Francisco, and had engaged one Andrew McElroy to construct a building upon the same upon a percentage basis, the cost of which was to be limited to the sum of ten thousand dollars. After the plans had been prepared McElroy died, and the defendants then employed plaintiffs to do the work. It is the claim of plaintiffs that the contract contained no limitation as to cost, and that their compensation was to be the cost of the labor and materials, plus a commission of six per cent for their services. The defendants on the other hand allege that the plaintiffs were engaged to do the work upon the same basis as McElroy and to carry out McElroy’s contract, the terms of which, they were informed, were the reasonable value not exceeding ten thousand dollars, including commissions and all extras, plaintiffs having discretion in…