Burki

This is an action upon an alleged contract which it is claimed that the defendants made with the plaintiff for personal services as a supervising architect and for plans and specifications of a proposed new school building in Pleasanton school district. A general. demurrer, grounded upon the insufficiency of the facts stated in plaintiff’s complaint to constitute a cause of action, was sustained without leave to amend. Thereupon judgment was ordered and entered, denying plaintiff any relief and awarding costs to the defendants, from which the plaintiff has appealed upon the judgment-roll.

The complaint in substance and effect alleges that the defendants, as the board of school trustees for Pleasanton school district, in accordance with the requirements of an act to regulate the erection of public buildings and structures (Stats. 1871-72, p. 925), invited architects generally to submit plans and specifications for the erection of a proposed new school building. In the published notice inviting the competition of architects it was specified that the defendants, as the board of trustees, were authorized to expend $25,000 in the construction of the building, and that a premium of…