(dissenting).
I respectfully dissent.
In my opinion the letter of agreement which is the basis of this lawsuit is ambiguous and can be resolved only by reference to inconclusive extrinsic evidence. I agree with the majority that where the pleadings do not raise the issue of ambiguity the agreement will be enforced as written. “However, where facts appear in the summary judgment evidence which would justify an amendment of the pleadings, such amendment should not be prevented by entry of final judgment, and summary judgment in such event should be denied regardless of defects which exist in the pleadings of the opposite party.” Edmunds v. Houston Lighting & Power Co., 472 S.W.2d 797, 800 (Tex.Civ.App.-Houston [14th Dist.] 1971, writ ref’d n. r. e.), and the cases cited therein. It has also been held that, “[i]n the event of ambiguity in an instrument which can be resolved only by reference to inconclusive extrinsic evidence, or if there is doubt as to the true meaning of an instrument, if ambiguous, the granting of a summary judgment is improper.” Martin v. First State Bank, Memphis, 490 S.W.2d 208, 213 (Tex.Civ.App.-Amarillo 1973, n. w. h.), and cases therein cited. See Massey v. Aztec Life Ins. Co., 532 S.W.2d 702, 706 (Tex.Civ.App.-Ft. Worth 1976, n. w. h.).
I would reverse and remand this case to the trial court for a determination of intent of the parties.