PRELIMINARY PLANS

Dominion, Volume 11, Issue 180, 19 April 1918, Page 8

PRELIMINARY PLANS

AX -ARCHITECT'S CLAIM,

Reserved judgment was delivered in the Magistrate's Court yesterday morning by Mr. AV. G. Riddell, S.M., in the case in which C. filleard Natusch, architect, Wellington, claimed from C. Bell, farmer, Levin, the sum of .£125 for preparing' plans for a proposed theatre, motor garage, and shops, at Levin, at an estimated cost of .£IO,OOO. The defendant discussed' the matter with one Richards, a land agent of Levin, and Richards_ suggested plaintiff as a suitable architeot, and defendant asked Richards to get plaintiff up from Wellington to discuss the question of plans. At that time one Siegel was in touch with defendant, and had stated his willingness to take a lease of the new theatre, but defendant was not prepared to accept Seigel as a tenant unless he was guaranteed by some person of substance. Plaintiff was aware of this fact and knew that no building would be erected until Siegel's guarantor had been accepted. After the first discussion plaintiff returned to Wellington and prepared-, preliminary plans of a theatre, motor garage, and club rooms. There was a subsequent interview at which it tfas arranged that the garage and club rooms should be cut out, and the seating accommodation was reduced, and corresponding- alterations made. The Magistrate held that the preparation of the plans must be regarded as a preliminary step in negotiations for the erection of the theatre. "Under ordinary conditions," observed His Worship, "one would conclude that the preparation of plans by plaintiff would carry with it an obligation on the part of the defendant to pay for them, and to 6ucceed under the circumstances stated, I think defendant would .require to show clearly tfttat plaintiff knew he was contracting to supply the plans without payment, if Siegel was unable to find the accessary guarantor. but I doubt very much if the acceptance of such a position by plaintiff can be held to amount to an agreement between them that defendant's liability to pay for the preliminary plans depended entirely upon the fulfilment of such a condition." The Magistrate held that defendant bad failed to show that plaintiff . was not entitled to some payment for the work he had done. Judgment was given for plaintiff for J252 10s., with costs totalling ,£5 15s. Id. At the hearing Mr. H. F. Von Haast appeared for the plaintiff, and Mr. M. Myers for the defendant.