Gay v. Stratton

RAY, Justice.

This is a suit on a building contract. Ap-pellee (plaintiff), John W. Stratton, brought suit against appellants (defendants), Malcolm Gay and wife, Jean Gay, to recover the unpaid balance on the cost of construction of a dwelling. The jury rendered a verdict in favor of Stratton and the trial court accordingly entered its judgment for $14,591.34 and ordered foreclosure. Appellants have perfected their appeal and submit three points of error for our consideration.

Appellants contend that the contract provided for a guaranteed maximum cost to the Gays of $79,599.50 including a…