242 F. 261 | 3rd Cir. | 1917
, In the court below the Hoggson Bros., a corporate citizen of New York, brought suit against the First National Bank of Pittston, a corporate citizen of Pennsylvania, to recover for architectural services rendered under a written contract. The defendant admitted liability under the contract for services rendered to the extent of some $600. The plaintiff claimed for services rendered to the extent of $3;900. The case was tried by a jury, which found in favor' of the plaintiff for the full amount of the $3,900 claimed. On entry of judgment thereon, the bank sued out this writ of error.
The proofs in the case tended to show the parties made a contract whereby the plaintiff agreed to furnish plans, specifications, and architectural services, to remodel defendant’s bank building, and do the work for $30,000. By a later writing the plaintiff agreed “to execute the additional items in connection with the alterations and additions to your bank building in Pittston, for the sum of $33,000, in addition to our previously accepted estimate, No. 9821, all conditions of which are to apply.” The contract further provided:
“We agree to allow you the privilege of canceling the order at any time before the work is begun, and, in the event of our not going on with the work, to accept as our remuneration a sum based on the schedule of charges endorsed by the American Institute of Architects.”
Finding no error in this record, we therefore affirm the judgment below.