Green

The plaintiff brought suit on the contract, alleging that he and defendant entered into a contract on the eighteenth day of July, 1922, whereby defendant was to pay plaintiff four per cent of the cost of a building for which plaintiff was to prepare plans and specifications. That he entered upon the work and the “cost of the building was approximately sixty thousand dollars.” That advances had been made by the payment of $756 to plaintiff. That demand upon defendant was made by plaintiff for the “balance of fee according to their agreement.” That at such time it was “mutually agreed between the parties that the fee was to be limited to 4% on fifty thousand dollars.” That defendant was not paid and refuses to pay any part of the $1,245, due, owing and unpaid.

All of these allegations are generally denied in the answer. Under a heading “Special Defenses” therein, the employment is admitted, and it is therein alleged that the building was to cost from $20,000 to $25,000, for two per cent thereof and guaranteed by plaintiff that it would not go over $30,000 in cost. Therein it is also alleged that progress payments were made until $155 overpayment had been made.

Defendant filed a…