Legal Opinion

Craft Refrigerating MacHine Co. v. Quinnipiac Brewing Co.

Supreme Court of Connecticut

Decided December 13, 1893PublishedCited by 61 opinions

ACTION to recover damages upon a complaint containing but one count sounding in contract and also in tort; brought to the Superior Court in New Haven County and tried to the jury before G-eorge W. Wheeler, J. The complaint alleged a purchase by the defendant of the plaintiff of two refrigerating machines for the agreed price of $13,700, and their delivery by the plaintiff; that after-wards the defendant wrongfully claimed that said machines were not of the quality and…

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ACTION to recover damages upon a complaint containing but one count sounding in contract and also in tort; brought to the Superior Court in New Haven County and tried to the jury before G-eorge W. Wheeler, J. The complaint alleged a purchase by the defendant of the plaintiff of two refrigerating machines for the agreed price of $13,700, and their delivery by the plaintiff; that after-wards the defendant wrongfully claimed that said machines were not of the quality and capacity contracted for, and notified the plaintiff to take them away; that the plaintiff, thereupon, while claiming that it…

1Opinion of the CourtBaldwin, J.

Complaints under the Practice Act are to “ contain a statement of the facts constituting the cause of action.” General Statutes, § 872. This is to be “a plain and concise statement of the material facts on which the pleader relies.” General Statutes, § 880. “ Acts and contracts may be stated according to their legal effect,” (Practice Book, p. 14, Rule III, sec. 1,) and “ the plaintiff may claim alternative relief, based upon an alternative construction of his cause of action.” (Id., p. 13, Rule II, § 9.) Several causes of action may be united in the sanie complaint, if all are “ upon claims,…

2Cases cited6 opinions

  1. State v. TullerSupreme Court of Connecticut · 1867
  2. Johnson v. SmithSupreme Court of Connecticut · 1852
  3. Anderson v. HillNew York Supreme Court · 1869
  4. Bassett v. SharesSupreme Court of Connecticut · 1893
  5. Turner v. DavisSupreme Court of Connecticut · 1880

1 more not listed; retrieve them via the Exa API.

3Cited by61 opinions

  1. Dreier v. Upjohn Co.Supreme Court of Connecticut · 1985
  2. Maisenbacker v. Society ConcordiaSupreme Court of Connecticut · 1899
  3. Ziman v. WhitleySupreme Court of Connecticut · 1929
  4. Plumb v. CurtisSupreme Court of Connecticut · 1895
  5. Veits v. City of HartfordSupreme Court of Connecticut · 1948

56 more not listed; retrieve them via the Exa API.

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