Payne

On or about April 14, 1921, it was agreed by a contract in writing “between Dr. Thos. T. DeVaughn, . . . and J. V. Spaugh, . . . hereinafter designated as party of the first part, and J. T. Payne, Architectural Engineer, . . . as party of the second part,” that the latter should “make all necessary plans and specifications, supervise the bids from subcontractors, and supervise the construction of the proposed new class C theatre and office building,” which the parties of the first part, appellants herein, contemplated having erected. It was also stipulated that respondent's compensation for such services should be four per centum of the total cost of the building, but that, should the owners fail to negotiate a loan for the purpose of constructing the building, or decide not to build, they should pay respondent two hundred dollars “for his sketches and services.”-

Respondent prepared and furnished to appellants an original sketch, and plans and specifications for a building, and received from them on account of such services the sum of $100. Thereafter appellants entered into a contract with one Zeller, who procured a loan for them, and prepared other and different plans and…