Harris v. Clinton

The plaintiffs brought this action for specific performance as assignees of a written contract whereby the defendants agreed to convey a building lot in West Haven to Peter Horbiek, the plaintiffs’ assignor. The defendants pleaded by way of special defense that the written contract failed to state the true intent of the parties because, as an inducing consideration, Horbick had. agreed orally (1) not to assign his interest in the contract to any party without securing the defendants’ consent, (2) to use the stone upon the lot in. question to erect a dwelling house for himself and his family,…