EMERY v. CALEDONIA SAND AND GRAVEL CO.

No. 7597.

117 N.H. 441 (1977)

WINSTON E. EMERY & a. v. CALEDONIA SAND AND GRAVEL CO., INC.

Supreme Court of New Hampshire.

May 31, 1977.


Attorney(s) appearing for the Case

Hale & Dorr and William A. Ingram, of Lancaster (Mr. Stephen H. Oleskey orally), for the plaintiffs.

Hinkley & Donovan, of Lancaster (Mr. Arthur H. K. Davis orally), for the defendant.


BOIS, J.

The plaintiffs, husband and wife farm operators, entered into a landfill removal contract with the defendant road construction company. Under the terms of the several written agreements, the plaintiffs allowed the defendant to remove earthfill from a certain site on their farmland at a specified unit charge. The agreements imposed upon the company the obligation to restore the "pit" (excavation area) upon completion of its operations. The defendant was obligated...

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