This section contains the nature of the case and procedural background.

Bristol (D) entered into a contract with Parsons (P) for his services as an architect for an office building. P's services were to be performed in two phases. Phase one called for the drafting preliminary plans and specifications, and P was paid for those services. Phase two was conditioned upon D getting satisfactory financing arrangements, and if that condition was met, P would be paid 25 % of his fee for these services immediately upon obtaining the financing and the other 75% would be paid only from construction loan funds. The cost of construction was determined to be about $1,000,000 including P's 6 percent fee. A savings and loan offered to finance the deal if D could show clear title to the lot and a first deed was executed in its favor. After obtaining this offer, D told P to proceed and paid P $12,000. D had to abandon the project because he could not show clear title. P then notified D to stop work. P sued D to recover for services performed. Judgment was entered for D and P appealed.

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