Pearson

On December 5,1916, a building contract was entered into between Alexander Pearson, the appellee, who will hereinafter he referred to as the contractor, with the appellant, Ford Motor Company, who will hereinafter be referred to as the owner. TMs contract provided for the erection of a bufiding upon land of the owner in Des Moines, Iowa. The building was to be completed in August, 1917, at the contract price of $397,000. In addition, the owner furnished certain maternal to the builder, so that the total estimated cost of the building was about $500,000. The builder proceeded with the construction of the building in accordance with the contract until about 96 per cent, complete, when, on April 23,1918, he entered into an arrangement with the owner, the terms of which are in dispute, for the completion of the building. About six months after the completion of the building by the owner, the contractor' brought this action against the owner, and recovered a judgment for $25,000, with 6 per cent, interest thereon,, aggregating about $41,000. The complaint alleges the execution of the contract in question, the performance of a part of that contract by the contractor, completion of the…