Russell

COURT. —• This is an action to recover fees for architects’ services alleged to have been performed by respondents under a contract entered into by them with appellants to furnish plans, specifications, detailed drawings and superintendence of the building of a class “A” apartment house in the city of Long Beach. Judgment was entered in favor of plaintiffs for $43,950, and from such judgment defendants have appealed.

In April or May, 1923, the respondents were verbally employed by appellants to prepare preliminary sketches or working plans for the construction of the building in question, which they did. On October 1, 1923, the architects prepared and submitted to the owners a standard form of architect’s contract, which so far as is necessary to a consideration of the questions here presented is as follows: “For a compensation to the architects of five (5%) per cent of the cost of the building, the architects, Russell & Alpaugh, agree to furnish promotion drawings, consisting of typical floor plan, first floor, basement and perspective drawings, and to furnish preliminary sketches, contract working drawings, and specifications, detail working drawings, and to furnish General…