Hewitt v. Webb

Citations

• 253 Pa. 406
• 98 A. 609
• 1916 Pa. LEXIS 858

Syllabus

<p>Contracts — Construction—Services as architect — Directed verdict for defendant.</p> <p>In an action to recover a balance alleged to be due the plaintiffs for services as architects in preparing plans and specifications and , superintending the construction of a warehouse, it appeared that plaintiffs’ offer in writing was “to furnish professional services for a commission of 3% per cent, on the cost of completed building, and of this amount a sum of $6,000.00 would be charged for the preparation of preliminary sketches, plans, elevations, specifications, and sufficient detailed information to enable contractors to submit proposals. This charge is based upon the understanding that if the work is carried out it is to be placed with our firm for completion.” The defendant accepted this offer stating, “when we do go ahead with it (the building), have made up our minds that it will be done under your supervision.” On completion of the plans the defendant paid to the plaintiffs the sum of $6,000.00. Subsequently the defendant erected a warehouse from plans not made by the plaintiffs, the building as erected being smaller, different in form, design and details than the plans furnished by the plaintiffs required, and cost about $100,000.00 less than the estimated cost of the building designed in the original plans. Held, the defendant was not required to employ the services of the plaintiff as architects in the construction of another and different building erected on the premises according to plans and specifications different from those prepared by the plaintiffs, and the verdict was properly directed for the defendant.</p>