Meyer

This is an action by plaintiffs against the defendant to recover for certain services as architects "alleged to have been rendered by plaintiffs at the instance and request of defendant.

The first count is founded upon an express contract to recover five per cent of the total cost of certain improvements, alterations, and additions to the Baltimore Hotel, situated in San Francisco, as compensation for their services as architects in superintending said work. , It is alleged therein that said improvements, alterations, and additions cost the sum of $11,713.08, and that five per cent thereof is the sum of $585.65. In the second count the sum of forty dollars is prayed for, as reasonable compensation for the services of said plaintiffs in superintending certain plumbing work in said Baltimore Hotel. The third count is for the purpose of recovering the sum of $11.20 expended by said plaintiffs for the use and benefit of said defendant in procuring permits, etc.

The trial court refused to instruct the jury, in response to one of the issues framed by the pleadings, and as requested by the defendant, that if they believed that defendant would not have entered into the contract agreeing…