Stacy-Judd

The plaintiff recovered a judgment against the defendants for architectural services rendered to them. R. W. Purpus, one of the defendants, prosecutes this appeal therefrom.

The plaintiff pleaded a written contract consisting of a letter written by him to the defendants and an acceptance thereof by them. He also in a second count alleged an action in assumpsit. The complaint set forth that respondent entered “upon the discharge of his duties and performed all the work, labor and services required of him” by the agreement. In neither cause of action, however, did he seek to recover the full stipulated price of seven per cent upon the total cost of the buildings, but sought only the sum of five per cent, because after entering upon the erection of the contemplated structures the work was abandoned. The court permitted respondent to testify over the objection of appellant that he told the manager of the copartnership “that the fees would be 7% and that would include 2% for supervision and that if the buildings were not actually constructed I should have 5% of the estimated cost of constructing the buildings”. He was also allowed to state that five per cent of the estimated value of…