White v. Kanrich

COUGHLIN, J.

The plaintiff, the respondent herein, brought this action to recover the reasonable value of services rendered as an industrial designer pursuant to an agreement with the defendants, the appellants herein, which the latter wrongfully terminated. The theory of his action conforms to the rules stated and applied in

Kimes

v.

Davidson Inv. Co.,

101 Cal.App. 382 [281 P. 639]. In response to appropriate pleadings, the court found that the plaintiff and defendants entered into an oral agreement, which later was reduced to writing, whereby the plaintiff agreed to furnish his services

[358]

as an industrial designer in connection with the construction of a residence for the defendants; that the fee payable for such services was 10 per cent of the cost of construction, or 10 per cent of the estimated cost of construction if construction was not started; that the plaintiff performed services as an industrial designer with respect to a proposed residence for the defendants; that a bid was received for the construction of such proposed residence in the amount of $92,904; that the defendants refused to proceed with such construction and thereby terminated their contract with the plaintiff; that the reasonable value of the services rendered by the plaintiff pursuant to his contract was the sum of $6,503; that the defendants theretofore had paid him $1,140 on account; and that the sum of $5,363 remained unpaid. Judgment in favor of the plaintiff and against the defendants was entered accordingly.

The judgment in question was the second judgment in this action. A previous judgment in favor of the plaintiff for the same amount, entered after a trial before another judge, was set aside on defendants’ motion for a new trial. By stipulation, the judge presiding at the trial resulting in the judgment from which this appeal has been taken decided the issues involved upon the testimony introduced at the first trial, as presented by a reporter’s transcript thereof.

The defendants contended that the plaintiff agreed to prepare and furnish plans and specifications for a residence that would not cost more than $38,000. The court found that this was not true.