Kennard

This is an appeal from a judgment for money found to be due plaintiff for services rendered to defendant under a written contract of employment for the construction of a grinding plant. The appeal is taken upon the judgment-roll alone, on the ground that the judgment is not supported by the findings.

Plaintiff agreed to “take charge of all construction, supervising the installation of all machinery and other equipment, employ the men, attend to the purchasing of material, equipment and supplies in accord with your wishes, and, in general direct construction of your plan for a fee of 5% of the total cost of the plant; it being understood that the cost will include all labor, material, equipment and supplies used in the plant.” The agreement also provided that all bills and wages should be paid by defendant, and payments made on account of plaintiff’s fee at the end of each month on total expenditures. The complaint alleges complete performance of plaintiff’s agreement, that the total cost was $80,000, that the fee was $4,000, of which $1,000' had been paid, and asks judgment for the balance of $3,000.

The defendant answered that plaintiff did not complete the work contracted for,…