Clark v. Conley School District of Kern County

NOURSE, J.

Plaintiff sued for services rendered as an architect in preparing plans and specifications for new buildings to be erected by the district and for additions to and alterations of existing buildings and to supervise the construction of the same. The trial court found that the reasonable value of the services rendered by the plaintiff to the defendant was the sum of $5,000; that the defendant had paid to the plaintiff on account thereof the sum of $2,000 and that the plaintiff was entitled to recover the balance of $3,000, for which sum judgment was accordingly rendered. From this judgment the defendant has appealed upon a typewritten record.

Appellant’s opening brief consists entirely of a reprint of the reporter’s transcript with a few running interpolations stating that error has occurred. These specifications of error are generally not followed by any argument or citation of authority, while the authorities which are cited are all from other jurisdictions and are either wholly beside the point at issue or directly contrary to the authorities in this state interpreting the statutes under which the issues arise.

The complaint was framed in three causes of action: The first pleaded a written contract executed by the qualified trustees of the defendant district on October 7, 1920, whereby the plaintiff was employed to perform the services mentioned. It was then alleged that immediately thereafter the plaintiff began work under the contract, made and filed with the defendant the survey report and recommendations called for, prepared and filed the plans and specifications requested by the defendant, incurred a large expenditure of money, labor, and time in the performance of his services and held himself at all times ready, willing, and able to perform everything incumbent upon him under the contract; that on September 10, 1921, the defendant discharged plaintiff, repudiated and abandoned the contract, and refused to pay him for the services rendered, all to his damage in the

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sum of $13,552. The second cause of action pleaded the same material facts and added facts showing a ratification and estoppel on the part of the defendant. The third cause of action was framed in the form of a common count for the reasonable value of services rendered.