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This section contains the nature of the case and procedural background.

P and a majority of D's selectmen signed a document entitled 'Snow Plowing and Road Sanding Contract' which provided that P would maintain the Town's roads from October 1996 to May 1997 in return for $107,723.96. The contract was contingent upon voter approval. At the meeting, a voter moved to amend to reduce the snow removal line from $107,860 to $ 99,999. P sued for breach, and the court gave summary judgment to D. P appealed.

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