Knapp v. Walker
Supreme Court of Connecticut
Action to recover damages for breach of contract and for fraud in an exchange of horses, brought originally before a justice of the peace and thence, by the defendant’s appeal, to the Court of Common Pleas in Fairfield County and tried to the court, Qurtis, J.; facts found and judgment rendered for the plaintiff, and appeal by the defendant for alleged errors in the rulings of the court.
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Action to recover damages for breach of contract and for fraud in an exchange of horses, brought originally before a justice of the peace and thence, by the defendant’s appeal, to the Court of Common Pleas in Fairfield County and tried to the court, Qurtis, J.; facts found and judgment rendered for the plaintiff, and appeal by the defendant for alleged errors in the rulings of the court. The complaint alleged that the defendant owned a gray mare which he represented to be worth $100, which he offered to exchange for a gray horse owned by plaintiff, of the value of $100; that by agreement with…
1Opinion of the CourtHall, J.
A cause of action for breach of a contract for the exchange of personal property, and one for fraud in inducing the plaintiff to part with his property by means of false representations, may be united in the same complaint when both causes of action arise “ out of the same transaction or transactions connected with the same • subject of action.” General Statutes, § 878.
Though different rules of damages may be applicable to the two causes of action, yet when a recovery can be had upon but one, and both arise “ out of the same transaction or transactions connected with the same subject of…
2Cases cited2 opinions
- Craft Refrigerating MacHine Co. v. Quinnipiac Brewing Co.Supreme Court of Connecticut · 1893
- Metropolis Manufacturing Co. v. LynchSupreme Court of Connecticut · 1896
3Cited by9 opinions
- Veits v. City of HartfordSupreme Court of Connecticut · 1948
- Raymond v. BaileySupreme Court of Connecticut · 1922
- Hill v. WilliamsConnecticut Appellate Court · 2003
- Town of Fairfield v. Southport National BankSupreme Court of Connecticut · 1907
- Makusevich v. GottaSupreme Court of Connecticut · 1928
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