
    No. 58
    No. 19639
    Frank Kruse v. Isadore Revelson.
    Error to the Court of Appeals of Hamilton County.
    54. AGENCY — Where A. contracts with B. to build a house for definite sum over the amount of the cost, the relationship is not one of principal and agent.
   ROBINSON, J.

Where A. contracts with B. to construct a building for hi mand as a consideration therefor agrees to pay B. the cost of such building plus a definite sum or plus a sum which may be determined by a basis definitely agreed .upon, and imposes in B. complete discretion in the manner of the execution of the contract, the relationship of principal and agent is not thereby created.

Judgment affirmed.

Marshall, CJ., Day, Allen, Kinkade, Jones and Matthias, JJ., concur.  