97 Iowa 699 | Iowa | 1896
The plaintiffs are architects, and at the time of the transactions in question were engaged in business in Des Moines. The defendants were the owners of the Tremont House, in Marshalltown, and employed the plaintiffs to prepare plans and specifications for changes therein, and improvements, which were projected by the defendants. The agreement between the parties, for services bo be rendered, was verbal. The plaintiffs contend that it provided that they were to receive five per cent, of the cost of the changés and"-improvements for full services, which included the furnishing of plans, specifications, and detail drawings, and the superintending of the work, two and one-half per cent, for plans and specifications only, and one per cent, for sketching in pencil, — the five per cent, to be computed upon the cost of the new work, and the cost or value of the portion of the old building connected therewith, required to be delineated in making the plans and specifications. The plaintiffs allege: That the cost of the new work was fifteen thousand dollars. That the cost or value of the old work delineated, was eight thousand five hundred dollars. That they prepared plans and specifications for steel beams not used, the cost of which would have been one thousand two hundred dollars; for certain water closets, not built, which would have cost eight hundred dollars; and for a steam plant, the estimated cost of which was two thousand dollars. They also allege that they made a sketch in pencil for an addition to the building, which was estimated to cost eight thousand dollars. They ask as compensation, five per cent, of the cost of the new-work, and of the old work delineated, two and
I. The contract of employment was made in Des Moines,' by C. H. Parsons for the plaintiffs, and George Glick for the defendants, and was somewhat indefinite. Glick asked what the charges of the plaintiffs were for services as architects, and was told they were two and one-half per cent, for preparing plans and specifications,