Stalbird Et Ux. v. Town of Washington

This is an action of contract whereby the plaintiffs seek to recover damages for the breach of an agreement involving the sale of a stone wall for highway uses. At the trial below, a .verdict was ordered for the defendant. The plaintiffs allege error.

In 1926, a State aid road improvement project was undertaken in the defendant town on the main highway from Washington to Chelsea. Agreeably to the statute, G-. L. 4586, the State highway commissioner appointed C. E. Stanley as foreman in charge of the work. The contract in question was made with the plaintiffs by Stanley, and the stone from the…