Appeal from St. Louis Circuit Court; Daniel D. Fisher, Judge.
BLAND, P. J.
Plaintiffs are partners doing business under the firm name and style of Baker & Knell. The defendant is a business corporation. The petition is in three counts. The sums demanded in the second and third counts were confessed by the answer. The issues were made up on the first count. The evidence was all directed to these issues. It is alleged in the first count that plaintiffs are architects, and as such were employed by defendant to furnish drawings and specifications and to superintend the making of the following alterations in defendant's buildings, Nos. 210 and 212 North Broadway, in the city of St. Louis, to wit: "Certain excavations in basement; a granitoid floor in basement; brick foundations for two presses for basement; a longitudinal partition on first floor, separating the counting room from the press room and stereo room; a seventy-foot marble top counter for the first floor; one flight of stairs from first to second floor; a tile vault on first floor eight feet by ten feet; the removal of inside front show windows and rear wood partition; the building of a platform on first floor with mail chute from second floor; six mailing tables; the making of fifty carrier boxes; two dark rooms and ten water-closets; and certain other work, now to the plaintiffs unknown, all of which work was to be erected in the manner then contemplated by the defendant, of a quality and character, however, not to exceed an aggregate cost of fifty-three hundred or fifty-four hundred dollars." That the defendant agreed to pay plaintiffs $500 for the above alterations.
The petition further alleges that the plaintiffs entered upon the performance of their undertaking with defendant, "And from time to time the defendant, upon the suggestions of the plaintiffs, and of its own motion, changed the character of the work contemplated under their said original agreement, and requested the plaintiffs to do other and different work than that contemplated in their said agreement, and directed the plaintiffs to furnish the necessary drawings and specifications for and to supervise the making of the following alterations for the defendant in its said building; that is to say, in addition to the alterations aforesaid, except where such alterations were changed by the work hereinafter specified, the defendant required the plaintiffs to furnish the drawings, detailed drawings, and specifications for, and to supervise the erection of, the following work and alterations, to wit: The defendant required that independent steel foundations be erected for its old Sextuple press, which was to be installed on the first floor, to prevent the inconvenience and annoyance of vibration which would necessarily result if said press had been set upon the floor of said first story, as originally contemplated by the defendant; that the longitudinal partition separating the press room from the counting room should be placed to the south side of the columns in said building, instead of to the north side, to prevent the conducting of the noise of the press room into the counting room; that the stereo room originally contemplated for the first floor be constructed on the fourth floor, to provide for ventilation for the counting room, and also to provide proper quarters for a shipping room; that such shipping room be arranged on the first floor; that independent steel foundations be also constructed for another press to be installed on the first floor, but which was not originally contemplated by the defendant; that the counting room, which was originally to be constructed of plain wood, and painted, should be constructed and finished in mahogany, with mahogany ceiling, columns, partition, and wainscoting, and mahogany panels, mahogany counter, cabinets, and special desks, and tile floor, railings, cages, and a circular post-office arrangement, none of which was originally contemplated; that the defendant also required a change of the stairways, and the putting in of different stairways; that a newsboys' room, with granitoid floor, cages and inclosed steel stairway, be constructed; that all stairways from second to sixth story be incased with partitions; that a mail chute be constructed; also a suspended mailing gallery on second floor; also certain additional partition work on second floor, and railings separating the different departments of the editorial room on third floor; also pigeonhole cabinets on third floor. Defendant also changed the plumbing throughout, requiring better and more costly work. Defendant also required the erection of a fire escape; also an independent foundation for its Scott press, which was not contemplated under the original agreement; also a safety vault to be constructed in the basement within said press foundation; also certain partitions in basement. Defendant also required a change of its whole store front; also a maple floor, back of counter, in counting room, and a lot of detail work in connection with the presses, gallery, railing floor glass, and iron stairway to basement, none of which was contemplated under their original agreement. The plaintiffs state that at the request of the defendant they performed the service of preparing the plans and detail drawings for all of said work and for all other work required by the defendant in the remodeling of said building and in making the changes and alterations then made by defendant, and plaintiffs supervised the construction of all of said work, including the painting thereof; that said services were rendered continuously from December 6, 1901, until about December 1, 1902, and that for at least four months of said time the plaintiffs were also required to perform the services required as aforesaid, at night, in order to complete the same as the requirements of the defendant demanded; that the cost of said work in the aggregate was at least forty-six thousand four hundred dollars ($46,400), instead of the maximum of fifty-four hundred dollars, as contemplated under their original agreement. That, in addition to the foregoing, the plaintiffs also, at defendant's request, prepared the plans for the remodeling of the basement of the adjoining premises, No. 208 North Broadway, and the connections between the same and said building No. 210-212 North Broadway; and the plaintiffs also rendered service in appearing, at the request of the defendant, before the commissioner of public buildings, and before the board of appeals, and procuring a permit for the erection of the fire escape in the rear of said building No. 210-212 North Broadway, instead of on the front, as originally required by the said commissioner. Plaintiffs further state that under their original agreement they are entitled to a compensation of five hundred dollars ($500) for the work so required and work done in lieu thereof, costing fifty-four hundred dollars ($5,400) in the aggregate; and for all additional work performed by them, as aforesaid, in excess of the cost originally contemplated under their said agreement, they are entitled to the reasonable value of their services in performing the work required of them, in devising, planning, and supervising the said additional work, the cost of which was forty-one thousand dollars ($41,000), as aforesaid;...
