Monaco

Among other necessary allegations, the complaint in the action which supplies the basis for this appeal contains appropriate averments to the effect that plaintiff, as an architect, and the defendant, as a corporation, entered into a certain contract (a copy of which was annexed to and made a part of such complaint) regarding specified architectural services proposed to be performed by the plaintiff for the defendant in connection with the anticipated construction by the latter of a building; also, “that pursuant to said contract, plaintiff prepared preliminary sketches and drawings for the said building and submitted the same to the defendant herein, and said sketches and drawings were then and there accepted by defendant, and defendant paid plaintiff $1,000.00 on account of services rendered pursuant to the terms of said contract; thereupon and at all times thereafter plaintiff was ready, able and willing, and offered, to perform all conditions upon his part to be performed according to and as required by the terms of said agreement, but that defendant thereafter breached said contract and refused to permit plaintiff to perform any more of such conditions upon his part to be…