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Dairymen's Milk Co. v. McCormick Co.

September 9, 1940

DAIRYMEN'S MILK CO. OF PITTSBURGH
v.
MCCORMICK CO., INC.



Appeal from the District Court of the United States for the Western District of Pennsylvania; Nelson McVicar, Judge.

Author: Maris

Before MARIS, JONES, and GOODRICH, Circuit Judges.

MARIS, Circuit Judge.

This is an appeal from a judgment of the District Court for the Western District of Pennsylvania.The parties entered into a written agreement whereby the plaintiff contracted to furnish preliminary plans, general working drawings and specifications consisting of architectural and structural drawings and specifications for a milk plant building and furnish mechanical drawings and specifications for the plumbing, heating and electrical work and the defendant agreed to pay as compensation for these services a sum equal to 5% of the total cost of the construction work. The plaintiff claimed $4,317.71 as an unpaid balance of compensation due under this contract, made up as follows:

5% of general contract $3,600.00

5% of cost of extra footers 249.16

5% of extra cost on brick 22.05

Agreed price of revision of plans 600.00

Agreed price of designing retaining wall 75.00

5% of contract price of cork insulation 245.00

90% of 5% of contract price of electrical

work, plumbing and heating 1,426.50

5% of contract price on garage ...


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