Pieri

Plaintiff, D. Fieri, hired the defendant, Guy L. Rosebrook, a licensed architect, to design a home, to supervise its construction, and to segregate the subcontracts of the subcontractors. Plaintiff was dissatisfied with the cost of the completed house, and dissatisfied with the supervision of its construction by defendant. He brought this action against defendant for negligence in building a house that cost over $60,000, claiming that the architect had agreed to design a house not to cost over $30,000, and also charging negligent supervision and construction of a sun deck, charging defendant with taking a power saw belonging to plaintiff, and averring that defendant has charged for certain fire screens that never were delivered. Total damages of over $50,000 were alleged. Defendant answered, and cross-complained for the balance of his unpaid fees, alleged to be about $6,000. A nonsuit was granted as to the cause of action based on the fire screens, and no objection to this ruling is now made. At the trial defendant admitted he had received the power saw and owed plaintiff $311.90 for it. The trial court found that plaintiff had orally agreed to pay defendant a fee of 6 per cent of…