City of Dallas v. Shortall – Case Brief Summary (Texas)

In City of Dallas v. Shortall, 131 Tex. 368, 114 S.W.2d 536 (1938), the court held that the contractor would be able to recover damages for his additional expenses only if the owner had so affirmatively stated the subsoil conditions that the contractor was justified in relying on the statement without further investigation. Id. at 542.

The court found that it was conclusively shown that the owner did not make any positive assertions about the soil condition at the tunnel's depth and the contractor was not justified in relying on the city's representation of a "rock line" a few feet below the surface as an assurance that there was a solid rock structure downward to the place 60 to 80 feet below the rock line where the tunnel would be driven. Id. at 542-43.