Wilson v. Bauman

The declaration contains hut the common counts. The claim of the plaintiffs, in general terms, is, that the defendant is indebted to them for services rendered, as architects, in the preparation of certain plans and diagrams of a building erected by the defendant. They claim that the work was done under a special contract, which, they were prevented from fully performing, on their part, by the wrongful act of the defendant.

The authorities cited by plaintiffs’ counsel certainly sustain .the position that, where one party is guilty of a failure to perform his part of a special agreement, which…