Legal Opinion

Shelinsky v. Foster

Supreme Court of Connecticut

Decided June 13, 1913PublishedCited by 37 opinions

Action to enforce the specific performance of an oral contract for the sale of real estate, and for other equitable relief and damages, brought to and tried by the Superior Court in Fairfield County, Burpee, J.; facts found and judgment rendered for the defendants, and appeal by the plaintiff. Error in part.

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Action to enforce the specific performance of an oral contract for the sale of real estate, and for other equitable relief and damages, brought to and tried by the Superior Court in Fairfield County, Burpee, J.; facts found and judgment rendered for the defendants, and appeal by the plaintiff. Error in part. The material facts found are as follows:' On February 16th, 1910, the defendant Foster orally agreed with the plaintiff to sell to him a piece of land on Atlantic Street in Bridgeport, one hundred feet front and one hundred and twenty-five feet deep, for the sum of $3,000, and the…

1Opinion of the CourtBennett, J.

Upon the trial of this case, and at the close of the testimony, the plaintiff’s counsel moved to he permitted again to amend his amended complaint by setting out the true memorandum of February 16th, 1910, and the oral agreement claimed to have been made on February 28th, 1910, in the office of the defendant Peck. The case had been pending in court more than two years, and the complaint had been repeatedly amended. Leave to amend was denied. This ruling was fully within the discretion of the court. Bristol v. Pitchard, 81 Conn. 451, 71 Atl. 558.

The plaintiff alleged in his complaint, and…

2Cases cited20 opinions

  1. Beckwith v. TalbotSupreme Court of the United States · 1877
  2. Ryan v. United StatesSupreme Court of the United States · 1890
  3. Nichols v. JohnsonSupreme Court of Connecticut · 1834
  4. Freeland v. RitzMassachusetts Supreme Judicial Court · 1891
  5. Hodges v. KowingSupreme Court of Connecticut · 1889

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3Cited by37 opinions

  1. Santoro v. MackSupreme Court of Connecticut · 1929
  2. DeLuca v. C. W. Blakeslee & Sons, Inc.Supreme Court of Connecticut · 1978
  3. Schaller v. Roadside Inn, Inc.Supreme Court of Connecticut · 1966
  4. Heyman v. CBS, INC.Supreme Court of Connecticut · 1979
  5. Gendelman v. MongilloSupreme Court of Connecticut · 1921

32 more not listed; retrieve them via the Exa API.

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