Jim Forsythe v. Thomas E. Starnes and

Plaintiff Jim Forsythe filed suit against defendants Thomas and Shirley Starnes, husband and wife, seeking to enforce a mechanic's
lien and to recover on contract for work performed in building a house for Mr. and Mrs. Starnes. Defendants filed a general
denial and counterclaimed alleging faulty and incomplete performance by plaintiff in Count I. In Count II defendants alleged
a fraudulent change in the specifications from a five ton to a three and one-half ton air conditioning unit. During the three
day trial the jury heard detailed testimony on numerous disputed aspects of the agreement and the condition of the house when
defendants occupied it. The trial court rendered judgment for plaintiff in the amount of $5,500 in accordance with the jury's
verdict. Defendants appeal contending the trial court erred in the giving of two instructions, in refusing to allow examination
of witnesses on several subjects, and in accepting the jury's verdict, which they assert is defective as a matter of law.
We reverse and remand for a new trial. A general outline of the facts will help illuminate the points raised by defendants. Defendants discussed the construction of their house with plaintiff several times prior to the signing of the contract on
May 1, 1972. The contract included by reference several pages of specifications entitled "Proposal Bid," prepared by plaintiff
and signed by the parties. It called for a total price of $28,540 with "FINAL PAYMENT WHEN HOME IS COMPLETED AND/OR BEFORE
OCCUPANCY BY OWNER." Concerning modifications, the contract states: " agreement may be limited or qualified only by a subsequent
agreement dated and signed by all the parties hereto." The first page of the specifications states: "NEW HOME AS PER PLAN."
The last page of the specifications provided two alternates, one on an outside deck and the other on masonry work.