Tomlinson v. Ousatonic Water Co.
Supreme Court of Connecticut
Covenant ; brought to tlio Court of Common Pleas of New Haven County. The obligation upon which the suit was brought was as follows: “ Know all men by these presents, that we, the Ousatonic "Water Company, a corporation located in the town of Derby, are liolden and firmly bound unto Edwin Tomlinson, of the town of Seymour, in the penal sum of one thousand dollars, to be paid to him or his certain attorney, executor, administrator, or assigns; to which payment, well and truly…
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Covenant ; brought to tlio Court of Common Pleas of New Haven County. The obligation upon which the suit was brought was as follows: “ Know all men by these presents, that we, the Ousatonic "Water Company, a corporation located in the town of Derby, are liolden and firmly bound unto Edwin Tomlinson, of the town of Seymour, in the penal sum of one thousand dollars, to be paid to him or his certain attorney, executor, administrator, or assigns; to which payment, well and truly to be made, we, the said obligors, do bind ourselves, and each of us, our heirs, executors, and administrators, and…
1Opinion of the CourtPark, C. J.
In view of the claims of the opposing parties in this suit with regard to the construction to be given to the contract which is the subject of the suit, it seems strange that either party could have been satisfied with the contract as it was drawn. The object they were seeking to accomplish was, the providing for a reasonable compensation to the plaintiff for an apprehended injury to his wall, carriage house, well and cellar, from the erection of the defendants’ dam. If the agreement was, as the plaintiff claims it to have been, one which created a perpetual liability on the part of the…
2Cited by6 opinions
- Byram Lumber & Supply Co. v. PageSupreme Court of Connecticut · 1929
- City of New Britain v. New Britain Telephone Co.Supreme Court of Connecticut · 1902
- Aetna Casualty & Surety Co. v. United States Gypsum Co.Court of Appeals of Kentucky (pre-1976) · 1931
- United Construction Workers v. H. O. Canfield Co.Connecticut Superior Court · 1955
- Douglas v. HennessySupreme Court of Rhode Island · 1886
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