In re Hibbard

(after stating the facts as above). The French plan either was, or it was not, such that the counties were bound to use it; the same is true of Ripley’s estimate. The commissioner has found that the plan 'was practicable, and, though he has not expressly said so, his report is consistent only with the finding that it limits the counties in their damages. We start with that assumption. So far as Ripley’s estimate covered the repairs, we cannot see that it makes any difference that it was not in the form of an offer. It was equally available, and the counties might not reject it, any more than…