Bowman

action was brought to recover for services rendered in preparing preliminary plans and specifications for the erection of a building. In a first cause of action it is alleged that “the defendant employed the plaintiff to prepare the design, drawings, plans and specifications, and estimate the cost of the building hereinbefore referred to, and to do all the engineering, architectural and other work preliminary to and in connection with the construction of said building, and agreed to pay the .plaintiff for said work an amount equal to the actual cost thereof, plus fifty (50%) per cent, of said actual cost”. In a second cause of action the plaintiff seeks to recover the reasonable value of the same services. At the conclusion of the plaintiff’s case, including the proffer of certain evidence, a judgment of nonsuit was entered, from which this appeal is taken.

The first question presented is as to whether the appellant is barred from a recovery by the provisions of the act regulating the practice of architecture (Stats. 1901, p. 641), and the amendment thereto. The appellant is a corporation. Upon its letter-head appear the words “Architecture, Engineering and Construction”. It…