Black v. Acers , 178 S.W.2d 152 ( 1943 )

On Rehearing.

The following letter was attached to specifications and made a part thereof; We have given it due consideration in connection with appellees’ argument of an existing contract between the parties for FHA to act as architect: “Dear Mr. Black: I agree to erect a building on lot 26 Block “D” Revised First Addition to University Heights, an addition to the City of University Park, same to be built according to plans and specifications herewith submitted F.H.A., furnish all labor and material, for a consideration of Fifty-Three Hundred ($5300.00) Dollars. Jake M. Black, Owner. (Signed) A. E. Acers, Contractor. (Stamped) Federal Housing Administration, Dallas, Texas. Received July 12, 1938.”

The specifications further provided for no changes or departure therefrom, adding cost to contractor or owner, except by agreement in writing.

Appellant complains of our reference to the instrument of acceptance signed by the Blacks as “obtained by Acers.” More correctly, the letter was required by the Title Company in the final transactions involving possession and consummation of loan; Acers, as plaintiff, testified, having theretofore represented the building to be in accordance with specifications; the letter also antedating discovery of defects, as reflected in jury issues under plaintiff’s allegations and proof. The motion for rehearing will be overruled.

Overruled.