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UNITED CONST. CO. v. TOWN OF HAVERHILL, N. H.

No. 62.

9 F.2d 538 (1925)

UNITED CONST. CO. v. TOWN OF HAVERHILL, N. H., et al.

Circuit Court of Appeals, Second Circuit.

November 9, 1925.

Attorney(s) appearing for the Case

M. P. Maurice, of Brattleboro, Vt., and Louis E. Wyman, of Manchester, N. H., for plaintiff in error.

Charles H. Darling, of Burlington, Vt., and Raymond U. Smith, of Woodsville, N. H., for the defendants in error.

Before HOUGH, MANTON, and HAND, Circuit Judges.

HAND, Circuit Judge (after stating the facts as above).

Upon the verdict we must assume that the defendant had not performed its promise to excavate to the solid ledge, and this was unquestionably a breach which it must excuse. It seeks to excuse the breach because of the representation in the plans and specifications that piers of the prescribed dimensions would reach to solid ledge and that it need not excavate further. The towns retort that the plans represented...

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