Legal Opinion · Dissent

Stacy v. Brothers

Supreme Court of Connecticut

Decided July 31, 1919Published

Action to obtain the cancellation of a written contract for the purchase and sale of a retail liquor business owned and conducted by the defendant, alleged to have been secured by his fraudulent representations, also for a return of the plaintiff’s promissory note given therefor, and for damages, brought to the District Court of Waterbury and tried to the jury before McGrath, Acting-Judge; verdict and judgment for the plaintiff for $8,000 with interest from the date of sale,…

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Action to obtain the cancellation of a written contract for the purchase and sale of a retail liquor business owned and conducted by the defendant, alleged to have been secured by his fraudulent representations, also for a return of the plaintiff’s promissory note given therefor, and for damages, brought to the District Court of Waterbury and tried to the jury before McGrath, Acting-Judge; verdict and judgment for the plaintiff for $8,000 with interest from the date of sale, and in addition thereto an adjudication requiring the cancellation of the contract and the return of the plaintiff’s…

1DissentWheeler, J.

The complaint sets forth that the defendant on October 6th, 1916, entered into an agreement by the terms of which he agreed to sell to the plaintiff his retail liquor business, liquors, license, stock and fixtures in a store conducted in Waterbury, for $16,000: $8,000 of which the plaintiff paid in cash, and $8,000 in a note on which he paid $5,446.02; that defendant falsely and fraudulently represented to plaintiff that the license and liquor business would be transferred to plaintiff, and in reliance thereon plaintiff was induced to make this purchase; that defendant refused and neglected…

2Cases cited5 opinions

  1. Board of Water Commissioners v. RobbinsSupreme Court of Connecticut · 1910
  2. State v. GannonSupreme Court of Connecticut · 1902
  3. Gustafson v. RustemeyerSupreme Court of Connecticut · 1898
  4. Cole v. JermanSupreme Court of Connecticut · 1904
  5. Disbrow v. SecorSupreme Court of Connecticut · 1889

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