Smith v. Goff, No. 37942

CourtSupreme Court of Oklahoma
Writing for the CourtPER CURIAM
Citation325 P.2d 1061
PartiesLeslie F. SMITH and Liv L. Smith, Plaintiffs in Error, v. Bruce GOFF, William H. Wilson, and C. J. Powell, Defendants in Error.
Docket NumberNo. 37942
Decision Date15 April 1958

Page 1061

325 P.2d 1061
1958 OK 100
Leslie F. SMITH and Liv L. Smith, Plaintiffs in Error,
v.
Bruce GOFF, William H. Wilson, and C. J. Powell, Defendants in Error.
No. 37942.
Supreme Court of Oklahoma.
April 15, 1958.
Rehearing Denied June 3, 1958.

Page 1062

Syllabus by the Court

1. It is error to direct a verdict for defendant where, admitting the truth of all the evidence given in favor of the defendant, together with the inferences and conclusions that may be reasonably drawn therefrom, there is enough competent evidence to sustain a verdict for the plaintiff.

2. Where an architect agrees to prepare plans and specifications for the construction of a building, he is required to exercise ordinary professional skill and diligence and to conform to accepted architectural standards; but his undertaking does not imply or guarantee a perfect plan or satisfactory results, and he is liable only for failure to exercise reasonable care and professional skill.

3. Where, in actions at law, disputed questions of fact are submitted to the jury, its verdict and the court's judgment based thereon will not be disturbed on appeal if there is any evidence reasonably tending to support the judgment.

Appeal from District Court of Cleveland County; Elvin J. Brown, Judge.

Action for damages from breach of contract. Judgment for defendants. Plaintiffs appeal. Affirmed in part; reversed in part.

Homer Cowan, Norman, for plaintiffs in error.

Monnet, Hayes & Bullis, Oklahoma City, for defendants in error, Bruce Goff and William H. Wilson.

Luttrell & Luttrell, Norman, for defendant in error, C. J. Powell.

PER CURIAM.

The plaintiffs in error, plaintiffs below, are the owners of certain property in Norman, Oklahoma, on which they have had constructed a home. The contracts which form the basis of this action were negotiated for the purpose of constructing this home. Two agreements are involved: that between the plaintiff owners and the defendant architects, and that between the plaintiff owners and the defendant contractor who built the dwelling. We shall refer to the parties by their contractual status as owners, architects and contractor, respectively.

In August, 1950, owners and architects entered into a written contract providing for architects to furnish 'complete architectural services including preliminary plans, working drawings and specifications, and periodic supervision for a residence to be built * * *' at an 'intended cost of $9,000.00 * * *.' However, it was also provided that the 'Architect does not guarantee the cost but will make any revisions in his plans made necessary by excessive costs or unavailability of materials * * *.' Pursuant to this contract, architects furnished a plan and specifications for a residence. When bids were taken on this plan, the lowest bid received amounted to $16,000 which owners felt was more than they could afford and which resulted from including everything in the plan that owners wanted to have in their home. Architects thereupon made certain revisions in the plan and specifications, and contractor submitted a second bid of $14,000 which was likewise more than owners wanted to invest. Nevertheless, against their architects' advice that they should wait until prices stabilized, owners desired to build a house immediately and substantially the

Page 1063

same as the original floor plan prepared by architects. In conversations with architect and builder it was decided that such a floor plan and structural design could be constructed at a substantially lower cost by changing the specifications and using less expensive material. Thereupon, because the owners did not want to go through another war without a home of their own, the owners and contractor entered into their contract wherein it was provided that in consideration of $10,500 'The contractor shall furnish all the meterial (except certain specific items) and perform all the work necessary in the construction of the residence * * * in accordance with the drawings and simplified method of construction to be furnished by Bruce A. Goff, architect, and C. J. Powell, contractor.' It was also provided 'that the contractor shall employ methods approved by Bruce A. Goff in order to maintain the initial effect of the...

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15 practice notes
  • City of Eveleth v. Ruble, No. 44336
    • United States
    • Supreme Court of Minnesota (US)
    • December 6, 1974
    ...Co. of Dist. of Columbia, 217 Or. 323, 341 P.2d 1083 (1959); Wills v. Black and West, Architects, 344 P.2d 581 (Okl.1959); Smith v. Goff, 325 P.2d 1061 (Okl.1958); Ressler v. Nielsen, N.D., 76 N.W.2d 157 (1956); State v. Malvaney, 221 Miss. 190, 72 So.2d 424, 43 A.L.R.2d 1212 (1954); Paxton......
  • Southern, School Bldgs., Inc. v. Loew Elec., Inc., No. 3-879A241
    • United States
    • Indiana Court of Appeals of Indiana
    • July 9, 1980
    ...605, 83 A. 892 (proof of owner's satisfaction as well as architect's certificate required under contract); Smith v. Goff (1958), Okl., 325 P.2d 1061 (construction of home in "good and workmanlike manner", as well as to satisfaction of architect, required by contract). Other jurisdictions ha......
  • Boren v. Thompson & Associates, No. 90,437.
    • United States
    • Supreme Court of Oklahoma
    • January 18, 2000
    ...W & W Steel Co., see note 28, supra. Wills v. Black & West, Architects, 1959 OK 162, ¶ 12, 344 P.2d 581; Smith v. Goff, 1958 OK 100, ¶ 7, 325 P.2d 1061. 33. Union Bank of Tucson, Arizona v. Griffin, 1989 OK 47, ¶ 13, 771 P.2d 219; Bradford Securities v. Plaza Bank & Trust, 1982 OK 96, ¶ 6, ......
  • Keel v. Titan Const. Corp., No. 53980
    • United States
    • Supreme Court of Oklahoma
    • December 1, 1981
    ...Contracts, § 328, p. 778. 12 17 Am.Jur.2d, Contracts, § 371. 13 Okl., 344 P.2d 581 (1959) (citing with approval from Smith v. Goff, Okl., 325 P.2d 1061). In accord, see 5 Am.Jur.2d, Architects, § 8, pp. 14 61 Okl. 68, 159 P. 278 (1916). 15 Foster v. Harding, Okl., 426 P.2d 355 (1967); Rose ......
  • Request a trial to view additional results
15 cases
  • City of Eveleth v. Ruble, No. 44336
    • United States
    • Supreme Court of Minnesota (US)
    • December 6, 1974
    ...Co. of Dist. of Columbia, 217 Or. 323, 341 P.2d 1083 (1959); Wills v. Black and West, Architects, 344 P.2d 581 (Okl.1959); Smith v. Goff, 325 P.2d 1061 (Okl.1958); Ressler v. Nielsen, N.D., 76 N.W.2d 157 (1956); State v. Malvaney, 221 Miss. 190, 72 So.2d 424, 43 A.L.R.2d 1212 (1954); Paxton......
  • Southern, School Bldgs., Inc. v. Loew Elec., Inc., No. 3-879A241
    • United States
    • Indiana Court of Appeals of Indiana
    • July 9, 1980
    ...605, 83 A. 892 (proof of owner's satisfaction as well as architect's certificate required under contract); Smith v. Goff (1958), Okl., 325 P.2d 1061 (construction of home in "good and workmanlike manner", as well as to satisfaction of architect, required by contract). Other jurisdictions ha......
  • Boren v. Thompson & Associates, No. 90,437.
    • United States
    • Supreme Court of Oklahoma
    • January 18, 2000
    ...W & W Steel Co., see note 28, supra. Wills v. Black & West, Architects, 1959 OK 162, ¶ 12, 344 P.2d 581; Smith v. Goff, 1958 OK 100, ¶ 7, 325 P.2d 1061. 33. Union Bank of Tucson, Arizona v. Griffin, 1989 OK 47, ¶ 13, 771 P.2d 219; Bradford Securities v. Plaza Bank & Trust, 1982 OK 96, ¶ 6, ......
  • Keel v. Titan Const. Corp., No. 53980
    • United States
    • Supreme Court of Oklahoma
    • December 1, 1981
    ...Contracts, § 328, p. 778. 12 17 Am.Jur.2d, Contracts, § 371. 13 Okl., 344 P.2d 581 (1959) (citing with approval from Smith v. Goff, Okl., 325 P.2d 1061). In accord, see 5 Am.Jur.2d, Architects, § 8, pp. 14 61 Okl. 68, 159 P. 278 (1916). 15 Foster v. Harding, Okl., 426 P.2d 355 (1967); Rose ......
  • Request a trial to view additional results

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