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The respondent, who is an architect, alleges that he was employed by appellant to prepare certain plans and specifications and receive estimates for, and superintend the erection of, a three-story hotel on the southwest corner of 9th street and Grand avenue, in the city of Los Angeles, of the estimated cost of $64,000; that the reasonable value of the services agreed to be performed by respondent for appellant was the sum of $2,560; that respondent entered upon said employment, prepared the necessary plans and specifications for said building, and received estimates for the erection thereof; that notwithstanding the fact that respondent at all times was ready and willing to perform his part of said agreement, he was, about June, 1904, wrongfully discharged by appellant.

In his answer appellant denies all of said allegations and sets up another agreement, under which respondent was to submit plans for a building which should not involve an expenditure to exceed $25,000; that the plans submitted called Eor the expenditure of an amount largely in excess of said sum; that respondent admitted that such plans were not in conformity with their agreement; that thereupon plaintiff and…