163 Iowa 620 | Iowa | 1914
The plaintiffs are architects doing business at St. Joseph, Mo. The defendant is a resident of Bedford, Iowa, and being desirous of erecting a building there containing two stores and an opera house entered into an agreement with plaintiffs, who were to furnish the necessary plans and specifications and to make inspection of the work from time to time during its progress. In their petition plaintiffs allege that for the services so to be performed defendant agreed to pay compensation equal to two and one-half per cent, of
The plaintiffs’ motion for a directed'verdict, which was sustained by the court, is based upon the following grounds: (1) That it appears without dispute that the plaintiffs were employed to do the work mentioned and to make three trips of inspection to Bedford; (2) that the uneontradicted evidence shows that the cosh of the building was $13,460, on which plaintiffs are entitled to recover two and one-half per cent, compensation; (3) that the uneontradicted evidence shows that plaintiffs have fully performed their contract, and are entitled to recover two and one-half per cent, of said cost of the building, and for the further amount charged by them for additional trips of inspection. The motion was sustained generally.
The question we have to consider is whether, under the record as made, there was ahy issue which should have been submitted to the jury. So far as the' terms of the original contract are concerned, concerning the services which plain
We are therefore disposed to hold that appellants’ exceptions to the exclusion of his evidence on the measure of damages must be sustained. In thus disposing of the case, Ave must not be understood as expressing any opinion upon the merits of the fact controversy between the parties. We go no further than to find that the issues should have been given to the jury, and for that purpose a new trial is ordered and cause remanded. — Reversed.