Absent fraud, duress or mutual mistake, one having the capacity to understand a written document who reads and signs it, or, without reading it or having it read to him, signs it, is bound by his signature in law. An integrated agreement may not be varied by parol where there is no mutual mistake, nor may the parties place their own interpretation on its meaning or intended meaning.
The owners entered into a contract with the builder for the construction of a house. The builder submitted its own specifications for the house for the approval but the owners had their own set of specifications. The owners' specifications were integrated into the final contract that was signed by all parties. The builder then refused to build the house according to the owners' specifications. The court held that the builder breached the contract.
Did the builder wrongfully breach its contract to build the plaintiffs a house?
The builder wrongfully breached its contract to build the plaintiffs a house for $ 16,300.00. The measure of damage in such a case presents no difficulty. When a contractor on a building contract fails to perform, one of the remedies of the owner is to complete the contract, and charge the cost against the wrong-doer.