Frank W. Coy Real Estate Co. v. Pendleton

Sweetland, C. J.,

This is an action of the case to recover damages for the alleged breach of a written contract between the plaintiffs and the town council of the town of Westerly, acting as officers of said town, in connection with the widening and the straightening of a certain highway in Westerly known as the Shore Road.

The case was tried before a justice of the Superior Court sitting with a jury. At the conclusion of the plaintiffs’ evidence the defendant moved that the plaintiffs be nonsuited on- the ground that the committee who assumed to act for the town council in making the contract…