Havens v. Donahue

California Supreme Court Feb 21, 1896 No. S. F. No. 16Published

Before: Garoutte

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Holding. The court held that an architect is entitled to compensation for services rendered under contract regardless of the building's construction progress, and that the architect is not liable for damages resulting from the disclosure of building plans absent a confidential relationship or agreement to maintain secrecy.

Issues

Whether an architect's compensation is limited to the extent of building construction completed at the time of termination.
Whether an architect is liable for damages caused by disclosing a client's intent to build to third parties.
Whether an architect is liable for negligence regarding the placement of chimneys when changes to building plans were made after construction had commenced.

Disposition. affirmed

Quotations verified verbatim against the opinion

“There is no allegation that plaintiff agreed not to make disclosure of defendant’s intentions to erect the building, nor was he requested not so to do.”

“The trial court found in favor of plaintiff upon the charge of negligence, and, as the evidence is conflicting, the judgment will not be disturbed upon this ground.”

Synopsis

Assumpsit—Commission for Services of Architect—Special Contract— Quantum M bruit—Finding of Value.—Where an architect contracted to furnish all necessary general drawing-., specifications, and details for the construction of a building for a commission of two and one-lialf per cent upon the total cost of construction, he cannot he limited to a commission on the cost of construction merely as far as the building had proceeded when his employment terminated; and where the complaint upon such contract contained also a quantum meruit count, and the court found that the value of the services was the same sum ns that claimed under the contract, such finding disposes of any question of contention about the contract.

Id.—Counterclaim—Publication of Drawing—Loss of Tenants.—Where Hiere was no agreement between the architect and the employer that the plans of the building or the employer’s' intention to erect the same should not be published, the employer when sued for the services of the architect, cannot counterclaim damages alleged to have resulted to the employer in the loss of tenants upon the building site, by reason of the facts coming to their knowledge through the publication of the drawing of the proposed building by the architect.

Id.—Mislocation of Chimneys—Negligence—Conflicting Evidence— Finding.—Where the employer counterclaimed damages for the alleged negligent mislocation of chimneys by the architect, and the trial court found in favor of the architect upon the charge of negligence, the evidence being conflicting upon that question, the findings and judgment ■cannot be disturbed thereupon.

Id.—Change of Plans by Employer—Architect not Liable.—Where it appears that the mislocation of the chimneys, instead of being attributable to the architect, arose from the delay of the employer in determining to change the top floor from an office floor to a photograph gallery, and that the architect had furnished him with a gallery plan showing the chimneys in the right location for that purpose, before any contract was let, but the chimneys were subsequently built upon the office plan, before the gallery plan was adopted by the employer, at which time there was no remedy for what had been done, the employer cannot charge the architect with damages for the mislocation of the chimneys.

.Evidence—Vague Offer.—Where an offer of evidence is too general, vague, and indefinite to give the court light upon the issue nnder consideration, it is not error to refuse the offer.

Garoutte, J. This is an action to recover for the-services of an architect. Judgment went for plaintiff, and defendant appeals from the judgment, and also from an order denying her motion for a new trial. Plaintiff’s contract was to furnish all necessary general drawings, specifications, and details for the construction of a building upon a commission of two and one-half per cent-upon the total cost. He was paid three thousand seven hundred and fifty dollars under the contract, and seeks to recover the balance.

Defendant’s first claim is that under such contract plaintiff was only entitled to recover his commissions-upon the cost of construction as far as the building had proceeded at the time his employment was terminated-This contention cannot be sustained. Plaintiff had. nothing to do with the construction of the building. His contract was simply to furnish the plans, drawings, and specifications, and this he did. The actual construction and cost of construction are only material to him [299]as fixing the amount of defendant’s liability for the services rendered. Again, the complaint also charged upon a quantum meruit, and the court found the value of plaintiff’s services at the amount fixed by the j udgment. This would seem to dispose of any question upon such contention.

The defendant by her pleading set up a counterclaim to the amount of five hundred dollars. This counterclaim is based upon allegations to the effect that she, defendant, employed plaintiff as an architect to furnish the plans, etc., for the erection of a certain building, upon a site where a building of hers was then standing, which was occupied by tenants; that plaintiff improperly notified a reporter of the San Francisco Chronicle of her intention to erect a building upon such site, and also furnished the paper a drawing of said building; and it is alleged that these things were published in that paper as a matter of public news, and thus came to the knowledge of defendant’s tenants. It is charged that, by reason of these facts coming to their notice, some of them removed from her building, thus depriving her of future prospective rents and profits, and damaging her to the extent of such prospective rents. We attach but little importance to this contention. Asido from the remoteness of the damages sought to be recovered, and their contingent and speculative character, matters which we will not discuss, there is no cause for relief stated. There is no allegation that plaintiff agreed not to make disclosure of defendant’s intentions to erect the building, nor was he requested not so to do. Neither did the law cast upon him any duty to keep his knowledge as to these matters to himself. It necessarily follows that no cause of action is stated. The relations arising between the plaintiff and defendant came solely from the contract, an 1 we cannot see that they were in any sense confidential. Section 1881 of the Code of Oivil Procedure treats of confidential relations existing between certain parties, but the facts of the present case do not bring it within the provisions of that

Havens v. Donahue

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