Atlantic Bitulithic Co. v. Town of Edgewood

Litz, Judge:

Suing in assumpsit, the plaintiff recovered a verdict and judgment against the defendant in the sum of $38,739.00.

In addition to the common counts in assumpsit, the declaration contains a special count averring that the parties entered into a written contract dated January 9, 1913, whereby plaintiff agreed to furnish materials and labor required in the grading and paving of certain streets, avenues and lanes in the town, at stipulated unit prices for the completed work; that, the defendant, contriving unlawfully and maliciously to injure the plaintiff and cause it great damage,…