City of San Antonio v. Heath & Stich, Inc.

OPINION

JAMES, Justice.

This case involves the construction of a written contract. Plaintiff-Appellee Heath and Stich, Inc., (hereinafter called “Contractor”), brought this suit against Defendant-Appellant City of San Antonio for specific performance of a public works contract calling for construction of a project known as “Nogalitos Storm Drainage Project No. 42.” The contract, dated April 14, 1975, by definition consisted of the contract instrument proper, the plans, specifications, contract bonds and change orders.

Part of the work contemplated by the contract consisted of cutting up and…