William Wilcox Manufacturing Co. v. Brazos
Supreme Court of Connecticut
Action to recover damages for breach of contract to rebuild a dam destroyed by water, brought to the Superior Court in Middlesex County, where a demurrer to certain paragraphs of the answer was overruled (Prentice, The amended complaint alleged that the defendant’s firm had built a dam and wall for the plaintiff, and, before it had been inspected or accepted, requested payment of the final instalment of about $1,000; that in consideration of the receipt of that sum before…
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Action to recover damages for breach of contract to rebuild a dam destroyed by water, brought to the Superior Court in Middlesex County, where a demurrer to certain paragraphs of the answer was overruled (Prentice, The amended complaint alleged that the defendant’s firm had built a dam and wall for the plaintiff, and, before it had been inspected or accepted, requested payment of the final instalment of about $1,000; that in consideration of the receipt of that sum before inspection (which was paid), the defendant promised to “build another dam and wall on the same site and place as the one…
1Opinion of the CourtHall, J.
The only cause of action described in the complaint is the nonperformance of the defendant’s written contract to rebuild the plaintiff’s dam. According to the defend-' ant’s promise as stated in the written instrument made a part of the complaint, he agreed to rebuild the dam which he and his sons had just constructed for the plaintiff, in the event of its being carried away within ten years. As the contract is elsewhere described in the complaint,—evidently with the purpose of stating it according to its legal effect,— the defendant promised, in case the dam should be thus carried away, to…
2Cases cited1 opinion
- Funk v. GallivanSupreme Court of Connecticut · 1881
3Cited by7 opinions
- Eastern Expanded Metal Co. v. Webb Granite & Construction Co.Massachusetts Supreme Judicial Court · 1907
- Sagal v. FylarSupreme Court of Connecticut · 1915
- Dibiase v. GarnseySupreme Court of Connecticut · 1925
- Tator v. ValdenSupreme Court of Connecticut · 1938
- Labbadia v. BaileySupreme Court of Connecticut · 1964
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