Kistner

Plaintiff, a licensed architect, brought this action to recover damages for an alleged breach of contract of employment. A general demurrer to the second amended complaint was sustained with leave to amend, but plaintiff having declined to amend, judgment of dismissal was entered, from which judgment plaintiff appealed.

The essential averments of the complaint are: That on April 15, 1919, defendants, constituting the board of trustees of Anaheim School District in Orange County, entered into an agreement with plaintiff whereby the latter was employed “as architect for said School District in the construction of two new school buildings, ” at an agreed compensation of six per cent of the cost of the construction of said buildings, the estimated cost of which was one hundred thousand dollars. “That pursuant to said contract of employment said plaintiff entered upon the performance of his duties as architect and prepared preliminary drawings for both of said school buildings, consisting of floor plans and elevations. That said plaintiff conferred with said members of said Board of Trustees from time to time regarding said plans and the buildings to be constructed. That after said…