Malo v. Gilman

Edward Malo, an architect, completed plans and specifications for Arnold Gilman, who sought to construct an office building. The construction bids received totaled $105,000, 50% more than the preliminary estimated cost of $70,000, which appeared in the contract between the men. Gilman was unable to secure financing and the building was never built. Malo brought an action to recover his fee as architect. Gilman counterclaimed for the $500 he had paid Malo. The trial court found for defendant Gilman and granted his counterclaim. We affirm the judgment.

Malo agreed to provide architectural…