THAYER, J.
The plaintiff, New Hampshire Bituminous Company, Inc., brought suit against the defendant, TAB Aviation, Inc., to recover on a contract entered into by the plaintiff and the alleged agent of the defendant, Richard Bleakney. The Superior Court (Dickson, J.) entered judgment for the plaintiff and further ordered the defendant to pay the plaintiff's costs and attorney's fees. The defendant now appeals, and we affirm in part and reverse in part.
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