The plaintiff owned property along highway Route No. 145 which was being rebuilt by the defendant in accordance with a contract awarded to it by the State of New York and which read in part: "All areas outside the highway right-of-way which are found necessary for the disposal of materials removed under this item shall be acquired by the contractor at his own expense." Plaintiff contends her husband, as agent, agreed with defendant during June, 1956 to allow dirt fill to...
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