Bradley v. Loveday
Supreme Court of Connecticut
Action in the nature of ejectment demanding possession of-the described premises and damages, with counterclaim by. defendant demanding specific performance of an oral agreement to convey the premises, brought to and tried, by the Superior Court in New Haven County, Keeler, facts found and judgment rendefed for the plaintiff for recovery of possession and $1,500 damages, and’appeal by the defendant. [Error and cause remanded with direction to set aside the judgment for the…
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Action in the nature of ejectment demanding possession of-the described premises and damages, with counterclaim by. defendant demanding specific performance of an oral agreement to convey the premises, brought to and tried, by the Superior Court in New Haven County, Keeler, facts found and judgment rendefed for the plaintiff for recovery of possession and $1,500 damages, and’appeal by the defendant. [Error and cause remanded with direction to set aside the judgment for the plaintiff, and to render judgment for the defendant on the counterclaim. The defendant admits that the legal title to the…
1Opinion of the CourtBeach, J.
In the view which we take of the case it is unnecessary to consider the exceptions to the refusal of the trial court to correct the finding. The remaining question is whether the finding shows such a part performance of an oral agreement for the purchase and sale of the premises as will, in equity, take the case out of the statute of frauds.
In Eaton v. Whitaker, 18 Conn. 222, we adopted the recognized principle that part performance of an oral contract for a lease for a term of years would support a bill for specific performance, and quoted with approval Morphett v. Jones, 1 Swanston, 172:…
2Cases cited5 opinions
- Grant v. GrantSupreme Court of Connecticut · 1893
- Verzier v. ConvardSupreme Court of Connecticut · 1902
- Andrew v. BabcockSupreme Court of Connecticut · 1893
- Eaton v. WhitakerSupreme Court of Connecticut · 1846
- Van Epps v. RedfieldSupreme Court of Connecticut · 1897
3Cited by13 opinions
- Glazer v. Dress Barn, Inc.Supreme Court of Connecticut · 2005
- Santoro v. MackSupreme Court of Connecticut · 1929
- Rutt v. RocheSupreme Court of Connecticut · 1952
- Misisco v. La MaitaSupreme Court of Connecticut · 1963
- Harmonie Club, Inc. v. SmirnowSupreme Court of Connecticut · 1927
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