Burns

The respondents were awarded judgment for a balance alleged to have been owing and unpaid by appellants, the owners of certain real property in Los Angeles County, for the construction of a dwelling-house thereon, and the latter appealed from said judgment.

It is conceded that Fritz B. Burns employed one L. G. Scherer as architect to prepare plans and specifications and to superintend the work of the contractors; that Scherer, although not a certified architect, fulfilled his part of the agreement in this respect, and that considerable labor was performed and materials were furnished in addition to those called for by the original plans; that the job was corn pleted, certain liens were filed, and that Scherer, acting as an arbitrator, attempted to adjust differences between the contractors and the owners as to a balance claimed by the contractors which Burns declined to pay them, and for which this action was prosecuted.

It is contended by appellants that the architect exceeded his authority in conferring with the contractors and acting as arbitrator in agreeing upon amounts of items forming the basis of their claim. Incidentally it is insisted that Scherer’s failure to obtain…