Ray v. William G. Eurice & Bros., Inc.

Mr. Ray (plaintiff) and a representative of William G. Eurice & Bros. (defendant), an experienced home-building company, discussed and hand-corrected seven pages of construction specifications, from which the Eurice corporation later submitted a bid containing three different pages of specifications that didn't match those discussed changes; the final signed contract, however, explicitly referenced five specific pages of specifications by designation, page count, and date (derived from the corrected January 9 discussion), and barred any deviation without Ray's express permission. When submitting building plans to the bank for financing, the specifications lacked Eurice's signature, so a company representative signed the back pages without reading them; the Eurice corporation later refused to build according to the referenced five-page specifications, claiming it believed it had agreed only to its own three-page bid specifications, and the trial court found mutual mistake and ruled for Eurice. Ray appealed.