Duerr v. Sloan.

BRITTAIN, J.

The defendants, substituted as executors of her will on the death of Sarah A. Bryan, appeal from a judgment on an account stated, for architects’ services, assigned by O’Brien & Werner to the plaintiff.

[654]

In 1911 Mrs. Bryan owned an unimproved lot in San Francisco upon which was erected an apartment house of six stories, known as St. Anthony building. It cost ninety thousand dollars and was accepted September 23, 1913. On September 29, 1913, a statement was sent to the office of W. A. Sloan reading as follows:

“September 29, 1913.

“Mrs. Sarah A. Bryan,

“c/o W. A. Sloan,

“Mills Building, City.

“First set of plans and specifications for seven story steel frame Fire Proof Building to be erected

on Geary & Hyde Streets....................$2500.00

“Architectural services rendered for 2nd set of plans including details, specifications, and superintending based on cost of $90,000.00 @5%.................................... 4500.00

$7000.00

“By cash..................................... 3000.00

“Balance due.................................$4000.00”

The first set of plans, for which, on the statement, there was a charge of two thousand five hundred dollars, was prepared by the architects, together with specifications for a class A building upon the order of Jesse Bryan and Sloan. Bids for the construction of the building were being received when Jesse Bryan died. J. S. Bryan, a brother of Jesse Bryan, then instructed the architects to call the matter off and that they would take it up later on. Subsequently Sloan and J. S. Bryan did take the matter up with the architects and ordered the preparation of plans for the cheaper class C building which was erected. The first set of plans was used as a basis of the second set, at least as to the floor plans. The two Bryans were the sons of the owner, and Sloan was her brother.