At this point Mr. Fittkau decided to make a change in certain parts of the building and suggested that he should receive 1 per cent. commission in respect of the new plans. Mr. Tsu demurred, and there was no trace of any evidence that he ever agreed to pay the extra charge. His manager did say "Go on, Hsu will pay," but that was not sufficient. to make defendant liable. Plaintiff informed defendant that he had obtained a new tender for Tls. 42,971, but plaintiff stated definitely in his evidence that he never agreed to pay the extra 1 per cent., nor did he enter into the new contract of 3 per cent. on the tender for Tls. "X97L. Defendant said he was alway: ready and willing to pay any' 4 reasonable on the old contrart, but would have nothing to do with the new, and there was no evidence to show that he ever accepted it. The building was abandoned March, defendant's partner being unable to find his share of the money.
There was no doubt, his Lordship concluded, that plaintiff was entitle ed to 3 per cent. on the first contract. and an additional small sum for altering the plans to provide for the filtration scheme, which necessitated only slight alteration to the original plans. Plaintiff had not been able to support his claim in connexion with the new (Tls. 42,971). contract, nor that for preparation of a sketch plan of a house
Text read from the printed page and cleaned; old type leaves the occasional error.