Flynn v. Barry

By written proposal and acceptance plaintiffs and defendant entered into a contract whereby plaintiffs agreed to construct a spur track for defendant. The track was installed and has since been used by defendant. No part of the contract price having been paid, plaintiffs brought this suit counting on the contract, a copy of which was attached to the declaration, to which count was added the common counts. Defendant pleaded the general issue alone. Upon the trial plaintiffs relied upon the special count and established the contract, its performance and defendant’s failure to pay. , Defendant…