Swafford v. Goodman

BRAY, J.

Defendant appeals from a judgment awarding-plaintiff $1,200 plus interest as the reasonable value of services in preparing building plans and specifications. Defendant attempts to appeal from the order denying a new trial.

Questions Presented

1. Sufficiency of the evidence, particularly whether plaintiff’s testimony is inherently improbable, thereby taking the appeal out of the conflict of evidence rule. 2. Interest.

[107]

Facts

The testimony of the parties is directly contradictory. Defendant owned a lot in Emeryville. He had contacted one Kenealy and had offered to build a building on the lot and rent it to the latter. Kenealy drew a rough sketch of the proposed building. Plaintiff is a civil engineer, and member of the Structural Engineers’ Society of Northern California, although not entitled to call himself a structural engineer. Defendant and Kenealy went to plaintiff’s house, gave plaintiff the sketch and discussed in some detail the proposed building, its trusses, sawtooth skylights and a penthouse office. Plaintiff testified that defendant asked him to design a building along the lines discussed and prepare plans and specifications for a building which could be built as reasonably as possible; that a price of $20,000 was not mentioned. Plaintiff and defendant were then to meet and defendant would show plaintiff certain buildings of the type he desired. Within the week they met. Defendant showed plaintiff the lot on which the building was to be constructed and the buildings he had in mind. Defendant again told plaintiff to go ahead with the plans. Plaintiff started work on the plans the day after the first meeting, working a total of 74 days on them. During this time plaintiff claims he talked to defendant a half dozen times about the plans he was drawing. In March defendant informed him that because of health restrictions, Kenealy could not rent the proposed building, but instructed plaintiff to finish the plans anyhow. At defendant’s request plaintiff the day after the first discussion with defendant contacted one Drinkward with whom defendant had previously discussed construction. Plaintiff testified he delivered one copy of the plans and specifications to defendant in April and that defendant at no time until shortly before suit ever objected to them.