Cannavino & Shea, Inc. v. Water Works Supply Corp.

This action of contract is before us on the plaintiff’s exception to the allowance of the defendant’s motion for a directed verdict. The trial judge stated that “there was never any acceptance by” the plaintiff. We summarize the evidence most favorable to the plaintiff.

The town of Springfield, Vermont (the town), issued a “Contract Document for Furnishing and Laying Water Mains” and called for bids to be opened at 2 p.m. on May 8, 1970. The general specifications in the contract document required that butterfly valves have “operators . . . of the enclosed worm gear type,” but this requirement…