Lenox Construction Co. v. Colonial Construction Co.
Supreme Court of Connecticut
Action to recover for work and labor and materials furnished under a building contract, and for the conversion of the plaintiff’s tools, scaffolding and other appliances, brought to the Superior Court in Fairfield County and tried to the jury before Maltbie, J.; verdict for the plaintiff for $5,038, of which $111 was remitted, and judgment for the plaintiff for $4,927, from which the defendant appealed. The complaint at first contained three.counts.
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Action to recover for work and labor and materials furnished under a building contract, and for the conversion of the plaintiff’s tools, scaffolding and other appliances, brought to the Superior Court in Fairfield County and tried to the jury before Maltbie, J.; verdict for the plaintiff for $5,038, of which $111 was remitted, and judgment for the plaintiff for $4,927, from which the defendant appealed. The complaint at first contained three.counts. By agreement of the parties the second count was eliminated dining the trial of the case. The first and third counts of the complaint allege that…
1Opinion of the CourtRokaback, J.
The errors assigned by the defendant all relate to the instructions given to the jury. Error is assigned to one part of the charge bearing upon the defendant’s counterclaim, to the effect that the defendant had no right to recover upon its counterclaim, because it appeared that “there was no auditing and certifying of the amounts which were expended by the defendant in carrying out the contract to its completion, which is a condition precedent to a recovery upon that phase of the contract.” The contract provided this as a condition precedent, and an omission to show this by the defendant was…
2Cases cited3 opinions
- Valente v. WeinbergSupreme Court of Connecticut · 1907
- Gulliver v. FowlerSupreme Court of Connecticut · 1894
- Hoyt v. PomeroySupreme Court of Connecticut · 1913
3Cited by1 opinion
- Clover Manufacturing Co. v. Austin Co.Supreme Court of Connecticut · 1924