Wolvin

This is an action to foreclose a mechanic’s lien brought by the contractor against the owner for contractor’s fee or commission and for the amount remaining unpaid for labor and material. The plaintiff had judgment, from which the defendant has appealed.

In January, 1922, the appellant, in contemplation of the erection of a church building, employed T. B. Barber as its architect and thereafter in March, 1922, Barber conferred with respondent, describing in a general way the kind of' building desired, and asked for ¿ssistance in arriving at an estimate of its cost, no written specifications having been made at this time. Barber had with him blue-prints showing three of the floor plans and three elevations and a booklet, which showed a picture of the contemplated building. Thereafter, during the month of March, 1922, Barber and respondent made up an itemized statement of the cost of the building, setting out therein the various things which would be required in such construction, including a commission of $25,000 to be paid the contractor for his services, the total cost of the building including the said commission being estimated to be $470,000.

Respondent testified that on May…