Ford v. Town of Whitefield

This is an action brought for the breach of an express contract to build a road in the Town of Whitefield. According to the terms of the contract as set forth in the declaration the plaintiff agreed to furnish certain gravel and the defendant agreed to build the road. The declaration alleges that the gravel was furnished but that the defendant committed a breach of the contract by not building the road. The referee found for the plaintiff. The defendant filed written objections to the report and exceptions were taken to the acceptance of it. The fifth objection alleges that there was no evidence produced to justify the referee's finding either on the basis of a conditional gift by the plaintiff of the gravel or on the basis of the contract as alleged.