Where, in an action by an architect, he alleged that the owner was to pay for superintending five per cent. of the lowest bid, which was $6,150, and the owner alleged that he was only to pay, provided a contractor was procured to erect the building for $4,000, and there was evidence that the lowest bid was a little over $5,000, an instruction authorizing a verdict for the amount sued for, if the jury believed the architect's claim, was erroneous, as withdrawing from the jury the question of the amount of the lowest bid. Loftus v. Green (Tex. Civ. App. '07), 104 S. W. 396.