Whitney v. Cady
Supreme Court of Connecticut
Action to recover damages for a breach of contract to assume and discharge the copartnership indebtedness of the plaintiffs, brought to the Superior Court in Litchfield County and tried to the court, George W. Wheeler, J., after the second defense of the defendant had been expunged from his answer by Ralph Wheeler, J.; facts found and judgment rendered for the plaintiffs, and appeal by the defendant for alleged errors of the court in expunging his second defense.
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Action to recover damages for a breach of contract to assume and discharge the copartnership indebtedness of the plaintiffs, brought to the Superior Court in Litchfield County and tried to the court, George W. Wheeler, J., after the second defense of the defendant had been expunged from his answer by Ralph Wheeler, J.; facts found and judgment rendered for the plaintiffs, and appeal by the defendant for alleged errors of the court in expunging his second defense. On November 15th, 1894, the defendant and the plaintiff Whitney were in partnership under the firm name of Cady & Whitney. On that…
1Opinion of the CourtHamersley, J.
The demurrer was properly overruled. The contract set up in the complaint is not merely a promise to idemnify; it is also an express promise to pay. In such case a refusal to pay is a breach of the contract. Lathrop v. Atwood, 21 Conn. *117, *123.
The court erred in expunging paragraph two of the second defense. (The paragraph, however, is improperly pleaded as a second defense; it should have been added to the previous allegations of the answer.) The guaranty against competition from the plaintiff Whitney, was a material part of *171the consideration for the defendant’s promises to the firm. The…
2Cases cited2 opinions
- Bassett v. SharesSupreme Court of Connecticut · 1893
- Moore v. EllsworthSupreme Court of Connecticut · 1821
3Cited by10 opinions
- Wilmot v. McPaddenSupreme Court of Connecticut · 1905
- Harris v. First National Bank & Trust Co.Supreme Court of Connecticut · 1953
- Warner v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1913
- Rosenberg v. SlavinSupreme Court of Connecticut · 1936
- Hyland v. CrofutSupreme Court of Connecticut · 1913
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