Bernhard v. Curtis
Supreme Court of Connecticut
Action for damages for breach of contract to deliver to plaintiffs possession of a certain store leased to them by the defendant, brought to the Superior Court for Litchfield County and heard in damages, after a default, to the court, Ralph Wheeler, J. Judgment for substantial damages, and appeal by defendant.
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Action for damages for breach of contract to deliver to plaintiffs possession of a certain store leased to them by the defendant, brought to the Superior Court for Litchfield County and heard in damages, after a default, to the court, Ralph Wheeler, J. Judgment for substantial damages, and appeal by defendant. The complaint, dated May 10th, 1897, alleges in substance that on the 9th of February, 1897, the defendant leased to the plaintiffs a certain store on Main Street in Bridgeport, for the term of three years from the 1st of April, 1897, at the annual rent of $900, payable monthly in…
1Opinion of the CourtHall, J.
Although the complaint does not expressly allege that the defendant agreed to deliver possession of the leased premises on the 1st of April, it describes a cause of action sufficient, in the absence of a demurrer, to sustain a judgment for substantial damages. It in effect alleges that in violation of the terms of the lease, made a part of the complaint, the defendant refused to put the plaintiffs in possession of the store. After the default it was only necessary for the plaintiffs to prove the averments of the complaint as to the extent of their damage. The burden rested upon the defendant…
2Cases cited6 opinions
- Booth v. . Spuyten Duyvil Rolling Mill Co.New York Court of Appeals · 1875
- Jordan, Marsh & Co. v. PattersonSupreme Court of Connecticut · 1896
- Cohn v. NortonSupreme Court of Connecticut · 1889
- Snell v. CottinghamIllinois Supreme Court · 1874
- Bristol Manufacturing Co. v. GridleySupreme Court of Connecticut · 1859
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- Appeal of New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1908
- Dilly v. Paynsville Land Co.Supreme Court of Iowa · 1916
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