Wetkopsky v. New Haven Gas Light Co.
Supreme Court of Connecticut
Action to recover damages for an alleged breach of contract, brought to the Superior Court in New Haven County and tried to the jury before Gager, J.; the jury returned a verdict for the plaintiff for $1,500 damages, which the trial judge ordered set aside unless he would file a remittitur of $650, which he did, and judgment was thereupon rendered for him for $850 damages, from which the defendant appealed.
Read the full summary
Action to recover damages for an alleged breach of contract, brought to the Superior Court in New Haven County and tried to the jury before Gager, J.; the jury returned a verdict for the plaintiff for $1,500 damages, which the trial judge ordered set aside unless he would file a remittitur of $650, which he did, and judgment was thereupon rendered for him for $850 damages, from which the defendant appealed. On a former trial of this case the plaintiff was successful (88 Conn. 1, 90 Atl. 30) in obtaining, on appeal, a reversal of a judgment of nonsuit rendered by the court below. On the…
1Opinion of the CourtRoraback, J.
In the trial of this case, when it was before this court at the October term, 1913, it was decided that “the sale of a building, which the parties intend shall at once be torn down and removed, or removed as a whole, is a sale of personal property and not ‘of real estate or any interest’ therein, within the meaning of that expression in the statute of frauds (§ 1089); and that therefore a contract of that nature may be proved by oral evidence.” Wetkopsky v. New Haven Gas Light Co., 88 Conn. 1, 90 Atl. 30. At the present trial, in the court below, the principal contention arose as to the terms…
2Cases cited8 opinions
- Cook v. MorrisSupreme Court of Connecticut · 1895
- Home Pattern Co. v. W. W. Mertz Co.Supreme Court of Connecticut · 1913
- Elie v. C. Cowles & Co.Supreme Court of Connecticut · 1909
- Girard v. Grosvenordale Co.Supreme Court of Connecticut · 1910
- O'Neil v. Town of East WindsorSupreme Court of Connecticut · 1893
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- McCleave v. John J. Flanagan Co.Supreme Court of Connecticut · 1932
- Finlay v. SwirskySupreme Court of Connecticut · 1923
- Hartlin v. CodySupreme Court of Connecticut · 1957
- Wetkopsky v. New Haven Gas Light Co.Supreme Court of Connecticut · 1916