Skorpios Properties, Ltd. v. Waage

This is an action for $1,100,000 damages for refusal to give a partial release of mortgage. The defendant Olive Waage demurred to the prayer for relief for the reason that § 49-8 of the General Statutes 1 provides an exclusive remedy to the plaintiff in such a case and limits damages to a total of one thousand dollars.

On its face § 49-8 applies to the facts in this case. Subsection (3) refers to the situation where “the parties in interest have agreed in writing to a partial release of a mortgage . . .” and subsection (4) covers the case where “the mortgagor has made a bona fide offer in…