Hudson

Hudson v. Barneson

Good Law
1919 Cal. App. LEXIS 529·41 Cal. App. 633·183 P. 274
Court of Appeal of CaliforniaJune 17, 1919Civ. No. 2902.California1,211 words

Opinion

Lead Opinion

Haven, J.

Appellants contend that the trial court erred in admitting, over their objection, certain parol evidence, which they claimed varied the terms of a written agreement between the parties. The defendant employed the plaintiffs as architects to prepare plans and specifica tions for, and to superintend the construction of, a dwelling-house and garage. Upon their completion, plaintiffs sent the plans and specifications to the defendant and rendered him a bill reading as follows: “To architectural work on residence & garage at San Mateo, agreement five per cent on cost of buildings for plans, specifications and details now completed. Payment now due on account, $1500.00.” Upon the receipt of such bill defendant wrote plaintiffs acknowledging the same, remitting one-half of the amount thereof, and raising questions as to the basis of plaintiffs’ compensation. A few days thereafter one of the plaintiffs called upon the defendant, at which time a discussion was had concerning the terms of the employment. Four days after such interview plaintiffs wrote the defendant the following letter:

Shortly thereafter the defendant wrote the plaintiffs as follows:

Upon the trial oral evidence was…

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