Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1885-09-18
RI8DHA1 COUNTY COURT.

Wm. Hdrris ct al pS. Jamaica Action as.
sumpsit 10 recover the amount due on a CON
tract for building a highway in defendant
town The evidence showed that, upon petit
ton and report of commissioners, the county
court in 1873 established and ordered built a
highway in the towns Of Jamaica and Wind
ham some four or five miles in length. The
plaintiffs, Harris and Pierce, contracted with
the selsotmen 10 build the highway so estab-
lished for $2576 in the town of Jamaica and
for $500 in Windham. Said highway was TO
be built in accordance with certain written
specifications as 10 width, grade, etc all to
the acceptance OF the commissioners who laid
it, or majority of them; that upon the com
pletion and acceptance Of one-hAlf of the
road, one-fourth of the sum due was to be
paid, and the balance on the completion and
acceptance OF the whole, and that the entire
job was TO be completed on or before Nov. |,
1880. The Windham portion was completed
within the time specified, was accepted, and
has been paid for. In October, 1880, a ma
jority of the commissioners accepted PIP rods
in Jamaica as completed according TO con-
tract, but refused TO accept the remaining
portion thereof, being about 1888 rods. Plain
titfs evidence tended to show that the select
men of Jamaica extended the time for com
plotting the same by informing plaintiffs that
they could have all the time they wanted
That relying upon such promise, they con-
tinued their labor thereon, and July 8, 1881,
q majority of the commissioners accepted 3l3
rods additional Of said road That thereupon
they continued to work on the remaining
portion Of said road, and completed the whole
line substantially in accordance with the re-
quirements of the contract, including change
in the location of a little over 100 rods OF
said road made by the selectmen Of Jamaica,
for which they were to pay plaintiffs $40 in
addition TO the $2576. That they had eI-
pended on that portion of the highway in
Jamaica over $500, and that the town had
never paid them anything therefor.
Defendants evidence tended to show that
their selectmen never gave plaintiffs an eX-
tension Of time in which to complete the con
tract, beyond the time limited therein. That
the road, nor any portion thereof, was ever
completed according to contract that the
first portion accepted by the commissioners
was frauduleDtly procured that the commits.
aioners bad no power TO act at the time oil
the second acceptance and that TO put the
road in the condition required by the written
specifications would cost the town from $1,000
70 $4,000 more.
Plaintiffs evidence further tended to show
that the highway had been open for travel
since the fall Of 1879, and that notwithstand,
ing the large amount of travel thereon, ana
the further fact that but slight repairs bad
been made thereon during the past two OF
three years, yet, while 1t was fully completed
In the fall of 1881, II would now require bu
an outlay of from 5000 to 8 500 to place The
road in the condition called for in the speelh
cations.
o. b. Eddy and Haskins a. Stoddard fol
plaintiffs Waterman and Martin a. Eddy fol
| defendants
The case Of o. w. HaDen Us. w. Vale
Railroad Co. Is now on trial.