![]() ![]() Ray had said that his own lawyer would draw the contract. ![]() Ray, the night of the day the Eurice Corporation delivered its three-page proposal, and after Mr. The Memorandum Specifications referred to in the contract, consisting of five pages and dated 14 February 1951, had been prepared by Mr. Deviations from the Specifications shall be made only in the event any of the items shown thereon is unavailable at the time its use is required, and then only after reasonable effort and diligence on the part of the Builder to obtain the specific item has failed and the owner has given his prior approval to the use of a substitute item." Ray, Dance Mill Road, Baltimore County, Maryland, Sheets 1 through 5 dated 14 February 1951 it being understood and agreed that any deviation from the said Plans shall be made only with the prior assent of the Owner. ![]() Ray, Dance Mill Road, Baltimore County, Maryland, Sheets 1 through 7 dated 9 January 1951 * * * and to supply and use only those materials and building supplies shown on the Specifications hereto attached and designated Memorandum Specifications - Residence for Mr. In the contract, as prepared and as finally signed, the builder agrees to construct a house for $16,300 "strictly in accordance with the Plans hereto attached and designated residence for Mr. Eurice that he would have his own lawyer draw the contract. Most of the three pages consisted of specifications which did not agree in many, although often relatively unimportant, respects with those in the January 9th seven-page specifications. On February 14, the Eurice Corporation submitted unsigned, its type-written three-page proposed contract to build a house for $16,300 "according to the following specifications". Eurice was given a set of plans and a set of the specifications so that he could make a formal bid in writing. Ray in green ink on the January 9th specifications, and Mr. All the changes agreed on were noted by Mr. Eurice, wanting more latitude, asked that the phrase "or equivalent" be added after a specified product or brand make. Eurice wanted to pour concrete walls, as was his custom. For example, foundation walls were specified to be of concrete block. Eurice vetoed some items and suggested change in others. ![]() Ray, Dance Mill Road, Baltimore County, Maryland, 9 January, 1951", and discussed each item. John Eurice went over the redrawn plans dated 9 January 1951, and the specifications prepared by the architect, consisting of seven pages and headed "Memorandum Specifications, Residence for Mr. Eurice to go over them so that a final bid, as opposed to an estimate, could be arrived at. Ray had copies of each mechanically reproduced, and in January, 1951, arranged a meeting with Mr. Ray then employed an architect who redrew the plans and wrote a rough draft of specifications. He indicated at the first meeting that the cost of the house would be about $16,000. Eurice, its President, acted for the Eurice Corporation. They submitted stock plans and asked for an estimate - not a bid - to see whether the contemplated house was within their financial resources. Eurice & Bros., Inc., the appellee, which had been recommended by friends. Late in 1950, they decided to build a home on it, and entered into negotiations with several builders, including William G. Ray, his wife, own a lot on Dance Mill Road in Baltimore County. In an action in the Circuit Court for Baltimore County by the owners of an unimproved lot against a construction company for a complete breach of a written contract to build a house, the court, sitting without a jury, found for the defendant and the plaintiffs appealed.Ĭalvin T. HAMMOND, J., delivered the opinion of the Court. Submitted on the record by Maguire and Brennan for appellees. The cause was argued before MARKELL, C.J., and DELAPLAINE, COLLINS, HENDERSON and HAMMOND, JJ. ![]()
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