
    BUILDING — CONTRACTS.
    [Cuyahoga (8th) Circuit Court,
    May 27, 1907.]
    Marvin and Henry, JJ.
    (Winch, J., not sitting.)
    
      Brooklyn Savings & L. Assn. Co. v. Charles E. Tousley.
    Architect Preparing Flans for More Expensive Building Than Contract Calls for Loses Fees — Architects Plans Must Conform to Contract.
    An architect, contracting for plans for a building to cost as nearly as possible $40,000, is not entitled to any fees the plans prepared were for a building to cost $50,000.
    Error.
    
      M. W. Cope, for plaintiff in error.
    
      Smith, Taft & Arter, for defendant in error.
    
      
       Affirmed, no op. Tousley v. Savings & L. Assn. 80 O. S. 737.
    
   HENRY, J,

The judgment of the court of common pleas is reversed and final judgment entered for the plaintiff in error upon the conceded facts in this case. The plaintiff in error contracted in writing with the defendant in error, for the preparation of plans of a building to cost as nearly as possible $40,000. The plans as prepared were for a building that would admittedly cost $50,000. This was not in compliance with the contract, and no fees are recoverable by the architect therefor.

Reversed, and judgment for plaintiff in error.

Marvin, J., concurs.  