81 So. 383 | La. | 1919
Defendant, desiring to build an apartment house, employed plaintiff as architect. Defendant states that he and plaintiff, in their conversations as to what the house should cost, had in mind the Arcadia apartment house of two floors and a basement which had just been completed at an expense of $17,000; that they thought it would be well to have an additional floor, and estimated that this would add $10,000 to the cost, and that there would be about $3,000 more expense in architect’s commissions and extras, making a total of $30,000; that later they concluded to have still another floor, which would add another $10,-000, and would, with the architect’s fee and other things, raise the cost to probably $50,-000 as an outside limit; that they agreed that the cost should not exceed this limit. Plaintiff admits the original estimate of $30,000, but denies that any definite amount was fixed for the cost after the fourth floor had been agreed on, and still .less that an outside limit was agreed on. His statement in that regard is as follows:
“Q. Well, what change was made in the original idea to limit the cost to $30,000? A. We didn’t fix any definite amount for the building; we talked generally in the neighborhood of $50,-000, but no definite amount was fixed. Q. What amount was fixed as the outside limit that the building would cost? A. We never arrived at any definite limit of cost.”
The learned counsel for plaintiff concedes the law to be that, as stated in Williar v. Nagle, 109 Md. 75, 71 Atl. 427, 16 Ann. Cas. 982:
“An architect employed to prepare plans and specifications for a building to cost a specified sum cannot recover compensation for his services where the building cannot be erected except at a cost materially in excess of the amount specified.”
But he contends that there was no specified sum agreed upon in this case for the cost of the building. On that point plaintiff and defendant contradict each other; but, granting that there was not, still, even on the admission of plaintiff, the building in contemplation was to cost in the neighborhood of $50,000, and the plans were for one that would certainly cost $69,000, with the to be expected plus — in fact, beyond the means of defendant.
We think the other defense equally good, but find no necessity for going into it.
Defendant did not appeal from the judgment rejecting the reconventional demand, and has not filed in this court an answer to the appeal.
Judgment affirmed.