Walters

This appeal was taken by the plaintiff from a judgment of the Superior Court of Orange County denying plaintiff’s demand for recovery of $625 with interest, the contract price for services rendered in preparing building plans and specifications.

The contract was in writing, dated June 18, 1924, and in words and figures as follows:

It is not disputed that the plaintiff prepared and submitted to defendant in due time preliminary plans and specifications, in full compliance with the written contract, or that these were afterward completed in all details.

Defendant, however, pleaded as a defense to plaintiff’s recovery, a subsequent oral agreement, entered into between herself and one William J. McCormack, acting for and in the name of the plaintiff company, in which it was agreed on account of defendant’s inability to finance the proposed building, that the plaintiff company would undertake to procure for defendant the necessary funds for the enterprise, and that in the event of failure to procure the necessary amount, the defendant would owe the plaintiff nothing, unless she actually used said plans and specifications. It appears from the evidence that the money was not procured…