California Court of Appeal December 13, 1935, Civ. No. 10558 (Advance Auto Body Works, Inc. v. Asbury Transportation Co.)

WOOD, J.

Plaintiff, a corporation engaged in the business of building commercial trucks and auto bodies, and defendant corporation entered into a written contract under the terms of which plaintiff agreed to construct a horse-van body for defendant, the construction work to be done “on a time and material cost plus 10%’’ basis. When the work was finished, plaintiff rendered a bill for $2,008.