RAY V. WILLIAM G. EURICE & BROS. INC.
201 Md. 115, 93 A.2d 272 (1952)
NATURE OF THE CASE: This was a breach of contract action over the building of a house.
FACTS: The Rays (P) owned a lot in Baltimore County and decided to build a home on it.
They looked into several builders to submit an estimate on the building of the home pursuant
to stock plans. William G Eurice & Bros. Inc. (D) was one of those builders. D submitted an
estimate of $16,000. P then employed an architect and asked for a final bid from D with the
final plans. D reviewed the plans and on February 14th, submitted a proposed contract to
build the house for $16,300 according to a specification sheet that was attached. P advised
D that he would have a contract drawn and that contract called for building the house
strictly in accordance with the Plans hereto attached etc., etc., etc. A clause in the
contract stated that deviations from the Specifications shall be made only in the event any
of the items thereon shown were unavailable after reasonable diligence by D. The contract
was signed and D helped P seek FHA financing for the mortgage using the memorandum of
specification of February 14. Eventually the mortgage was obtained and a start date was
obtained. On May 8th D claimed that he could not build the house with the specification as
submitted and that he had never seen those specifications and that the extra cost to build
was $1000. P filed suit. The trial judge found a mistake as to the specifications and that
there was no meeting of the minds in order to find a contract. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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