Noonan v. Newport Ready Mix Concrete, Inc.

This is a civil action for an alleged breach of an agreement pursuant to which the defendant supplied and poured the concrete foundation for a residence being constructed by the plaintiff. When several months thereafter the plaintiff observed that the foundation had cracked, he commenced this action. He alleged in essence that the foundation cracks were the direct result either of defective concrete or of an improper pour. The case was tried to a Superior Court justice sitting without a jury and after judgment for the defendant, the plaintiff appealed.

The parties agree that the cause of the…