Clark & Enersen, Hamersky, Schlaebitz, Burroughs & Thomsen, Inc. v. Schimmel Hotels Corp.

Plaintiff’s petition seeks to recover for preliminary architectural and engineering services performed in connection with a contemplated 100-unit motor hotel addition to a hotel on which construction was never begun. The amended petition proceeded on two counts. Both counts seek to recover for the same ’ work and both’ pray for recovery of an identical amount. The second count is on a quantum meruit theory of recovery. Defendants’ demurrer to that count has been overruled and the case must still be tried on that count. Defendants’ demurrer to the first count of plaintiff’s amended petition…