Wagner

This action was one brought for the foreclosure of a mechanic’s lien upon premises owned by the defendant upon which a building had been constructed under the provisions of an agreement between the plaintiff and the defendant, by the terms of which plaintiff agreed to supply defendant plans and specifications and to superintend and oversee the construction and erection of a certain building upon said premises; said contract further provided that plaintiff should procure the best possible bids for all material wanted or used, including plumbing, gas, electrical wiring, painting, decorating, plastering, concrete, iron and brick work, and all other necessities for the completion thereof, and that when said bids were so procured by plaintiff the same were to be submitted to said defendant for his approval and selection. Said contract further provided that plaintiff should receive for his compensation for said services the sum of ten (10%) per cent of the total construction price of said building, payments to be made upon the tenth day of each month of ten (10%) per cent of the total amount of bills then paid. The plaintiff alleged that he proceeded with the performance of this said…