Needham

This action was brought to recover a balance of $1,559.17, for money paid out and expended and commissions earned by plaintiff under a contract for the construction of a building for defendant. The case was tried before the court, findings filed and judgment entered thereon in favor of plaintiff. This appeal is from the judgment.

The contract out of which the controversy arose was made May 29, 1905, and was in writing. It provided that in consideration of a commission of ten per cent of the cost of construction of the building the plaintiff would draw all plans and specifications, and, when completed, turn over all bills properly signed; that plaintiff would procure all materials at the lowest possible cost to defendant, and in every way possible save expense to defendant; that the defendant should advance the money in four payments of about $1,000 each, the first payment to be made when the frame was up, the second payment when the brown mortar was on, the third payment when the building was completed, and the fourth payment when all bills were paid. There was in the contract no limitation in the cost of the structure except the reference to the four payments of about $1,000…