Martin v. McMahan

PLUMMER, J.

The plaintiff had judgment in this action for the sum of $1,800, the amount found due from the defendants for and on account of architect’s fees. From this judgment the defendants appeal.

The action is for services as an architect, performed by the plaintiff for the defendants, based upon the following writing, to wit:

“Service Order

“From McMahan Furniture Co.

“To Eugene K. Martin, Architect, Bakersfield, California.

“Your office is hereby authorized to render full professional services in connection with the construction and completion of a store and apartment building as per plans now in our files. This building not to exceed $60,000.00, your compensation will be $150.00 and no more if building cannot be built for this sum.

[77]

“Located at-.

“Plans to be property of McMahan Furniture Co.

“Payments will be made per schedule of the American Society of Architects.

“Signature:

“Owner, McMahan Furniture Co.

“Legal Eepresentative, J. I. McMahan.

“City.

“Date 5/1/22.”

After finding that the architect’s fees should be calculated at the rate of five per cent upon the cost of the building, the trial court found as follows:

“That plaintiff prepared the plans and specifications in accordance with said agreement; that the plans and specifications so prepared by plaintiff were accepted by said defendants and as so accepted called for the expenditure of less than Sixty Thousand Dollars ($60,000.00), to-wit: for Fifty-five Thousand Dollars ($55,000.00); that the building was erected by the defendants according to the plans and specifications so prepared by plaintiff, save and except that the apartments on the second floor as shown by the plans and specifications were omitted by the defendants in the erection of said building; that the plans and specifications prepared by the plaintiff were the only plans and specifieasions used by the defendants in the erection of said building; that the contract price for the erection of said building was Thirty-nine Thousand Dollars ($39,000.00); that plaintiff did not supervise the construction of said building; that the defendants have paid plaintiff on account the sum of One Hundred Fifty Dollars ($150.00) and no more; that by the terms of the contract plaintiff is entitled to receive as compensation for preparing plans and specifications five per cent of Thirty-nine Thousand Dollars ($39,000.00) or Nineteen Hundred Fifty Dollars ($1950.00) no part of which has been paid, save and except the sum of One Hundred Fifty Dollars ($150.00); that there is now due, owing and unpaid from defendants to plaintiff the sum of Eighteen Hundred Dollars ($1800.00).”