Warren

The plaintiff Hiram Warren is the administrator with the will annexed of the estate of James E. Dawson, deceased. The plaintiff Minnie L. Engle is the executrix of the last will and testament of Bertha Dawson, deceased. The plaintiffs, acting in their representative capacity as aforesaid, commenced this action to recover from the defendants certain commissions alleged to be due on a contract of employment made and executed between the defendants and James E. Dawson. The court rendered judgment in favor of the plaintiffs and the defendants appeal therefrom.

This appeal is based upon the claim that the admission in evidence of the book of account, called the time-book, was reversible error; that it should have been excluded; and that without it there was no evidence upon which the court could predicate its findings.

It is undisputed that the defendants entered into a written contract with said Dawson. By its terms the defendants employed Dawson to construct a certain building, and for such services he was to receive as compensation ten per cent of the cost of construction, the same to be paid upon completion of the building. Acting under said contract Dawson constructed the…