128 THE LAW AFFECTING ENGINEERS 



on payment of the remuneration provided under the contract. 

 I find no difficulty in distinguishing this case from that of a 

 contract to paint a picture or design a coat-of-arms, as to 

 which no question of ownership could arise." 



That the rule laid down in this case is founded on good 

 sense is thus emphasised by Lord Justice Cozens-Hardy 

 when he said : " If one considers the matter from the point of 

 view of the reasonableness of the custom set up, the argument 

 seems to me to be entirely in favour of the building-owner. 

 What would be his position after the building was completed ? 

 Unless he has the plans, how is he to know where the drains, 

 the flues, and many other things are ? Is he bound to go to 

 the architect and make a fresh contract with him with respect 

 to every matter that arises relating to the structure ? " 



