Audubon Bldg. Co. v. F. M. Andrews & Co.

Citations

• 187 F. 254
• 111 C.C.A. 92
• 1911 U.S. App. LEXIS 4506

Syllabus

<p>1. Contracts (§ 171*) — Severable Contracts.</p> <p>A contract employing an architect to furnish preliminary sketches of a building for a specified per cent, of the cost of the building, payable on the acceptance of the sketches, to provide complete working drawings and specifications for a specified per cent, payable on completion of the draw ings and specifications, and to supervise the construction of the building for a specified per cent, payable pro rata with the architect’s certificates issued during the progress of the work is a severable contract providing for separate items for a price apportioned to each item, and the architect may recover for one item, though he may not recover for other items.</p> <p>[Ed. Note. — For other cases, see Contracts, Cent. Dig. §§ 754-757; Dec. Dig. § 171.*</p> <p>Divisibility of contracts, see note to Saunders v. Short, 30 C. C. A. 467.]</p> <p>2. Principal and Agent (§ 84*) — Obligation oe Agent.</p> <p>An architect employed to furnish working plans and specifications for and to superintend the construction of a building is the agent of the owner, and may not, without the knowledge of the owner, act as the representative of furnishers and contractors, or receive from them any compensation, and a breach of duty in this respect destroys his right to compensation.</p> <p>[Ed. Note. — For other cases, see Principal and Agent, Cent. Dig, § 221; Dec. Dig. § 84.*]</p> <p>3. Principal and Agent (§ 84*) — Obligation oe Agent.</p> <p>Where an architect employed to prepare preliminary sketches, complete working specifications for, and superintend the construction of, a building, contracted, without the knowledge of the owner, with engineers, whereby the latter should prepare specifications covering the mechanical equipment of the building, with the understanding that, if they obtained the contract for the work, they would make no charge for their services in preparing the specifications, the architect lost his right to compensation