Fitzhugh

The plaintiff is an architect and brings this suit for the breach of an alleged contract of employment by the defendants. On May 5, 1903, the court made the following order: “Findings ordered in favor of the plaintiff. Damages will be fixed at the sum of $700.” The findings and judgment were filed February 2, 1904, and judgment thereon entered for plaintiff in the sum of $700; from which, and an order denying his motion for a new trial, he and the defendant Mason each appeal.

The allegations of the complaint as to the contract are, in effect: That during the month of October, 1901, the defendants entered into negotiations with plaintiff, which continued until about the eighteenth day of November, 1904, and resulted in a contract, whereby “the defendants employed, plaintiff to act as architect for them in the erection and construction by them, in the city of Los Angeles,” etc., “of an opera-house and an eight or ten story building, and agreed to pay him, five per cent on the cost price thereof, and his traveling expenses for his services as such architect”; that the cost of said buildings as contemplated by said defendants at the time of said agreement would be not less than…