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Torts keyed to Best
Plourde Sand & Gravel v. JGI Eastern, Inc.
Citation:154 N.H. 791 (2007)
A subcontractor hired the plaintiff to supply gravel for purposes of constructing the base for a roadway. After the plaintiff suppled the gravel, the engineers that were working on the roadway hired the defendant to test the gravel to determine whether it met town specifications. The defendant tested the gravel, and reported to the engineers that it contained “insufficient stone content and excessive fines.” As a result of this test, the plaintiff was required to remove and replace the gravel at its own expense. After doing so, the plaintiff tested the gravel and found that it did in fact meet town specifications.
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