Havens v. Donahue

Citations

• 111 Cal. 297
• 43 P. 962
• 1896 Cal. LEXIS 578

Syllabus

<p>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.</p> <p>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the architect and the employer that the plans of the building or the employer’s' intention to erect the same should not be published, the employer when sued for the services of the architect, cannot counterclaim damages alleged to have resulted to the employer in the loss of tenants upon the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.</p> <p>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.</p> <p>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