Batter Building Materials Co. v. Kirschner

The named plaintiff is assignee of Alexander
and Peter Mislow, partners engaged in the building
business. The latter have joined in bringing the
action and will be referred to as the plaintiffs.
They have sued the defendants to recover the
reasonable value of labor and materials furnished
in the construction of a house and garage.
Subsequent to the return of the writ to court, the
defendants applied for a stay of the action until
the subject matter of the suit was submitted to
and determined by arbitration. The court granted
the stay and the plaintiffs have appealed. The finding, which is not subject to material
correction, may be summarized as follows:
Sometime before September, 1952, Samuel Gitlitz,
at the request of the defendant husband and wife,
prepared plans and specifications for a one-family
house and garage to be erected on their
lot in Hamden. Gitlitz has never been licensed as
an architect by the state under the provisions of
chapter 224 of the General Statutes. He has been
practicing for sixteen years as a designer, so-called,
drawing plans and specifications and supervising
construction work. It was in this capacity that
he was engaged by and worked for the defendants.