Sabas v. Gregory
Supreme Court of Connecticut
Action to recover damages for an alleged breach of contract to deliver a certain automobile to the plaintiff, or to recover damages for the defendant’s wrongful refusal to return to the plaintiff $400 of the purchase price paid by him therefor, brought to and tried by the Court of Common Pleas in New Haven County, Simpson, J.; facts found and judgment rendered for the plaintiff for $412, and appeal by the defendant.
1Opinion of the CourtWheeler, J.
The appeal is predicated upon the alleged error in rendering judgment for the plaintiff upon the facts found, and upon facts at variance with the allegations of the complaint. The complaint sets up that the defendant agreed to purchase for the plaintiff a Regal automobile of the model for the year 1914 or 1915, for $775, that the plaintiff paid on account of the purchase price $400, and demanded that the defendant deliver to him said automobile, but the defendant refused so to do or to return the $400.
The cause of action is one in contract. As the terms of payment are not specified they must…
2Cases cited2 opinions
- Greenthal v. Lincoln, Seyms & Co.Supreme Court of Connecticut · 1896
- Atwood v. WeltonSupreme Court of Connecticut · 1889
3Cited by7 opinions
- Nash Engineering Co. v. City of NorwalkSupreme Court of Connecticut · 1950
- Frissell v. John W. Rogers, Inc.Supreme Court of Connecticut · 1954
- State v. AlexanderSupreme Court of Vermont · 1971
- Humphrey v. SagouspeNevada Supreme Court · 1927
- A. Lenobel, Inc. v. SenifAppellate Division of the Supreme Court of the State of New York · 1937
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