Kathleen Langlois (plaintiff) owned a building in the Town of Proctor (defendant). Langlois was behind on her water bill payments to the town, and the parties agreed that the town would shut off the water to the building so Langlois would not incur any additional charges. Relying on this, Langlois also turned off the heat in the building. The town, however, failed to actually turn off the water, and the lack of heat in the building caused the pipes to freeze and burst, causing significant damage. Langlois brought a negligence suit against the town. The jury found that the town and Langlois had a contract and that Proctor’s negligence breached the duty arising under that contract. Proctor appealed.