Haas v. D'Avanzo

• Court: Court of Appeal of Louisiana
• Writing for the Court: HARDY
• Citation: Haas v. D'Avanzo, 45 So.2d 104 (La. App. 1950)
• Decision Date: 08 March 1950
• Docket Number: No. 7459,7459
• Parties: HAAS v. D'AVANZO.

Page 104

45 So.2d 104

HAAS v. D'AVANZO.

No. 7459.

Court of Appeal of Louisiana, Second Circuit.

March 8, 1950.

Rehearing Denied April 5, 1950.

Thomas P. Fitzgerald, Shreveport, for appellant.

Freyer, Goode, Nelson & Freyer, Shreveport, for appellee.

HARDY, Judge.

This is a suit in which plaintiff seeks to recover the sum of $1,500 as professional fees for architectural services alleged to have been rendered for the benefit of defendant under a contract of employment. Alternatively, plaintiff claims the right to recover the same amount on the basis of quantum meruit as the reasonable value of services rendered. Defendant categorically denied the allegations of plaintiff's petition and additionally alleged that the agreement with plaintiff was for the performance of services, payment for which was contingent upon a construction contract for the work contemplated, not exceeding the sum of $20,000. After trial there was judgment in favor of plaintiff in the sum of $500, from which judgment plaintiff has appealed. Defendant has answered the appeal, praying for the amendment of the judgment and the rejection of plaintiff's claims, in toto.

Plaintiff is a licensed architect of high professional standing and unquestioned reputation. Defendant is the proprietor of a restaurant business which he operates in leased premises in the City of Shreveport, located at 510 Louisiana Avenue. There is no question as to the initial employment. Defendant, being desirous of remodeling the premises which he occupied, upon receiving advice that the law of this state requires the employment of a licensed engineer or architect with respect to all construction jobs in excess of $10,000, contacted plaintiff, and briefly explained his ideas and wishes in connection with his plans for remodeling and enlarging his place of business. Plaintiff, in consequence of the employment, proceeded to prepare preliminary plans. These plans were submitted to Sandel & Lastrapes, a contracting firm in the City of Shreveport, who, after examination of the plans and an inspection of the premises, made an estimate of the probable cost as $21,500.

It is at this point that there enters into consideration an irreconcilable difference of opinion and understanding as between plaintiff and defendant. The latter strenuously contends that he advised plaintiff that the funds available for the proposed project were limited to $20,000, and in the event the work could not be performed for an amount not exceeding said sum, including plaintiff's fees, he, defendant, could not proceed with the matter. This contention is vigorously denied by plaintiff, who asserts that defendant did not predicate his employment on the basis of the expenditure of any specified sum, and that, accordingly, he proceeded with the preparation of complete plans and specifications, after which bids were invited from several of the leading contractors in Shreveport.

The bids received, in every instance, far exceeded the figure fixed by defendant, the lowest bid, in the sum of $35,922, being submitted by Sandel & Lastrapes. After conference with the named firm, involving certain changes and scaling down of specifications, a figure of $25,922 was reached. This amount still being substantially in excess of the sum available to plaintiff, the project was abandoned. After the lapse of some two or three months plaintiff rendered defendant a bill. Receiving no reply to the statement rendered, after forwarding another monthly statement of account, plaintiff called defendant, who...