Allison v. Pick
Allison v. Pick
Opinion of the Court
Plaintiff-appellant instituted this suit to recover professional fees for services rendered as a licensed architect under an alleged contract entered into by plaintiff and defendants. Defendants deny that they entered into any agreement as set forth by plaintiff.
After a trial on the merits, the lower court concluded that the contract sued on totally lacked one of the basic elements of enforcible contracts in that there was no meeting of the minds by the litigants and, accordingly, dismissed plaintiff’s suit.
On appeal to this court, plaintiff-appellant contends that the trial court committed manifest error in its finding of fact, thus presenting only an issue of fact for determination by us.
Plaintiff’s version of the transaction is that during the early part of 1949, at a time when he was not a licensed architect, he was retained by defendants to draw architectural plans for an apartment house to be erected by them. Plaintiff delivered certain preliminary plans
Defendants’ version of the transaction had between the parties is that on several occasions and at informal meetings they discussed with plaintiff their idea and contemplated plan to build an apartment house at a cost not to exceed $70,000; that plaintiff agreed to draw plans to obtain bids
It is self-evident that plaintiff not having submitted the permanent plans, defendants were unable to obtain estimates from various construction contractors and thus determine whether said plans met their requirement that the cost of the building not exceed the sum of $70,000.
Defendants' version of the transaction had between the parties was favorably received by the trial judge, who, in his written reasons for judgment, stated that the written agreement of employment filed in evidence by plaintiff not having been signed by the parties was corroborative of his conclusion that there was no actual meeting of the minds between plaintiff and defendants.
We necessarily observe that this is not a suit seeking recovery on a basis of quantum méruit for services rendered but is one predicated solely upon an alleged contract entered into between the parties.
LSA-Civil Code, Article 1798 provides:
“As there must be two parties at least to every contract, so there must be something proposed by one and accepted and agreed to by another to form the matter of such contract; the will of both parties must unite on the same point.”
We find nothing in the record to show that the parties hereto entered into or intended that there should be a binding contract of employment for architectural plans drawn. No contract can arise where both parties thereto have not agreed to its terms. Colgin v. Security Storage & Van Co., 208 La. 173, 23 So.2d 36, 160 A.L.R. 1107.
We are convinced of the, correctness of the findings of fact resolved by the district judge, and we adhere to the well-stabilized jurisprudence of this court that the conclusions reached by him, and his judgment on the facts, should not be disturbed unless manifestly erroneous. Nalty v. Nalty, 222 La. 911, 64 So.2d 216; Rosenthal v. Gauthier, 224 La. 341, 69 So.2d 367; Olivier v. Abunza, 226 La. 456, 76 So.2d 528; McMahon v. Manufacturers Casualty Ins. Co., 227 La. 777, 80 So.2d 405; Sunseri v. Westbank Motors, 228 La. 370, 82 So.2d 43.
Accordingly, for the reasons assigned, the judgment of the Civil District Court is affirmed.
. There is no argument as to the agreement with regard to the preliminary drawings for which plaintiff was paid the sum of $300.
. Throughout the trial, it was shown that defendants’ requirements were for plans for an apartment house at a cost not to exceed $70,000.
Reference
- Full Case Name
- Patrick M. ALLISON v. Tilden PICK and Edward Pick
- Cited By
- 1 case
- Status
- Published