Downing v. Wilcox
Supreme Court of Connecticut
Action to recover damages for the breach of an alleged contract of indemnity, brought to the Court of Common Pleas in New London County and tried to the jury before Waller, J.; verdict and judgment for the plaintiff for $500, and appeal by the defendant.
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Action to recover damages for the breach of an alleged contract of indemnity, brought to the Court of Common Pleas in New London County and tried to the jury before Waller, J.; verdict and judgment for the plaintiff for $500, and appeal by the defendant. The complaint alleges, in substance, the following facts: The defendant, for consideration, sold to the plaintiffs the wood and timber standing upon certain land described in the contract of sale by bounds, and containing by estimate twenty-four acres. The north bound was in part land of one Gardner, and the south in part land of the…
1Opinion of the CourtPrentice, J.
The demurrer to the complaint was properly overruled. The agreement of indemnity, set up as the basis of recovery, related to land not covered by the pre-existing sale of standing timber. Upon the allegations, it was both subsequent to and entirely outside of that transaction. Ample consideration to sustain it is to be found in the promisees’ action in conformity to the agreement, and the resulting loss to them. Clark v. Sigourney, 17 Conn. 511, 517.
The demurrer to the set-off and counterclaim raises the question of the defendant’s right to counterclaim his cause of action set up. The use of…
2Cases cited8 opinions
- Plumb v. GriffinSupreme Court of Connecticut · 1901
- Clark v. SigourneySupreme Court of Connecticut · 1846
- Harral v. LevertySupreme Court of Connecticut · 1882
- Goodwin v. KeneySupreme Court of Connecticut · 1882
- Lovell v. Hammond Co.Supreme Court of Connecticut · 1895
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Schaefer v. O. K. Tool Co., Inc.Supreme Court of Connecticut · 1930
- Savings Bank of New London v. SantanielloSupreme Court of Connecticut · 1943
- Springfield-Dewitt Gardens, Inc. v. WoodSupreme Court of Connecticut · 1956
- National Bank of Commerce of New London v. HowlandSupreme Court of Connecticut · 1941
- Hartford-Connecticut Trust Co. v. Riverside Trust Co.Supreme Court of Connecticut · 1938
6 more not listed; retrieve them via the Exa API.