Judson

This was an action brought by A. C. Gilbert, to recover of A. H. Judson the value of certain ser *106 vices rendered to Judson, under a written contract, in assisting and advising him in relation to the surveying and laying out of a portion of a tract of land in Los Angeles County, known as Highland Park tract, for the purpose of placing the same upon the market for sale; also, damages for the breach of said contract, caused by Judson refusing to permit him to proceed with the erection of two houses on a portion of the tract, upon the cost of which lie was to receive a certain percentage, in consideration of furnishing plans and specifications, and purchasing material therefor, and in superintending the construction thereof. The court found that the plaintiff did, under the contract, superintend the survey and subdivision of a portion of the defendant’s tract of land, and that such services were reasonably worth one hundred dollars; but found against him and in favor of the defendant as to the other matter. Judgment for the amount so found to be due him passed for plaintiff, from which defendant brings this appeal.

The only question presented here is, whether the plaintiff, under…