THE FEES OF AN ENGINEER 15 



that the monthly estimates must be furnished before any 

 remuneration became due. 



9. When fees may be recovered back. If the employer 

 seeks to recover back fees already paid to an engineer, he 

 must be able to show a total failure of consideration. In a 

 recent case (Columbus Co. v. Clowes, 1903, 1 K. B. 244) the 

 plaintiff company employed the defendant, an architect, to 

 prepare plans and specifications for a factory and offices, and 

 to engage a surveyor to take out the quantities. The defen- 

 dant did not measure the proposed site, but he prepared plans, 

 etc., in accordance with what he erroneously believed to be 

 the true dimensions of the site, and employed a surveyor to 

 take out the quantities. The plaintiffs, believing the plans 

 and quantities to be correct, paid the architect 200 and the 

 surveyor 200 for their services, but were unable to erect 

 the buildings, owing to lack of means, and they disposed of 

 the site. They subsequently discovered that the plans and 

 quantities were not correct, and brought an action claiming 

 the return of the money paid as having been paid upon a 

 consideration which had wholly failed, or, in the alternative, 

 damages for negligence. It was held that there had not been 

 a total failure of consideration, but as the defendant had 

 been negligent, the plaintiffs were entitled to damages, 

 although, as they had sustained no loss from his negligence, 

 those damages would only be nominal. 



