BERKE COMPANY v. BRIDGE COMPANY

No. 4206.

98 N.H. 261 (1953)

BERKE MOORE COMPANY, INC. v. PHOENIX BRIDGE COMPANY.

Supreme Court of New Hampshire.

July 1, 1953.


Attorney(s) appearing for the Case

Upton, Sanders & Upton (Mr. Robert W. Upton orally), for the the plaintiff.

Wyman, Starr, Booth, Wadleigh & Langdell (Mr. Wadleigh orally), for the defendant.


DUNCAN, J.

The Trial Court found and ruled: "The contract between the parties consists of the subcontract and the plans and specifications referred to therein." The dispute between the parties arises out of the following provision of the specifications, which appears in article 4.06.15 entitled "Measurement": "The quantity of concrete to be paid for under Item 15a Concrete in Bridge Deck shall be the number of square yards of concrete surface included in the bridge...

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