The opinion of the court was delivered by

The count is fatally defective for that it alleges no promise by the town to the plaintiffs, but on the contrary specially avers that the petitioners contracted and agreed with the plaintiffs to build the road. What authority the petitioners had to bind the town in the premises does not appear. Neither is the town liable because it used and adopted the road as alleged in the amendment. Pratt v. Swanton, 15 Vt. 147.