WHITTEMORE, J.
This is a petition under G.L.c. 258 to recover $30,266.70, as a balance due for 201,778 cubic yards of gravel backfill furnished under a contract for highway construction. The judge in the Superior Court found for the respondent and denied a request to rule that such a finding was not warranted. The petitioner duly excepted. There was no error.
The Commonwealth has paid for the gravel as "ordinary borrow" at the unit price of fifty cents a cubic...
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