Silliman & Godfrey Co. v. Town of Westport

The defendant interposed a special defense alleging that the town had expended for the construction of Weston Road and Cross Highway, including engineering, expenses of building two bridges, and other expenses incidental to and necessary in connection with the improvement of these roads, the sum of $230,556.65, which payments used up all of the funds appropriated and available for the purpose, and that the town had no funds appropriated to pay the claims set forth in the complaint. This defense is predicated upon the contention that the plaintiff was bound to take notice of the scope and…