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

No. 21.

22 F.2d 256 (1927)

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

Circuit Court of Appeals, Second Circuit.

November 1, 1927.


Attorney(s) appearing for the Case

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

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

Before MANTON, L. HAND, and SWAN, Circuit Judges.


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

On the main issue we think that the towns are right; the contractor confessedly did not dig to the solid ledge. That was a breach, and it was the cause of the bridge's collapse. We did not hold before, and could not properly have held, that the contractor might ignore this promise; but we did say that the specifications and the plans, when read together, assured him that what seemed like solid ledge at the...

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