Trowbridge v. Jefferson Auto Co.
Supreme Court of Connecticut
Action to recover damages for an alleged breach of contract to deliver an automobile, brought to and tried by the District Court of Waterbury, Makepeace, Deputy-Judge; facts found and judgment rendered for the plaintiff for $419, and appeal by the defendant.
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Action to recover damages for an alleged breach of contract to deliver an automobile, brought to and tried by the District Court of Waterbury, Makepeace, Deputy-Judge; facts found and judgment rendered for the plaintiff for $419, and appeal by the defendant. This action was brought to recover damages from the defendant for its failure to deliver an automobile according to the terms of a written contract entered into between the parties, a copy of which was made a part of the plaintiff’s complaint. This agreement was dated January 11th, 1916, and signed by the parties. The essential portion of…
1Opinion of the CourtRoraback, J.
The pleadings and finding show that the defendant has not only broken its contract, but has refused to go on further with it unless the plaintiff would consent to a very material reduction of the contract price that he was to receive for his old car. It is a familiar principle of law that a valid contract cannot be abrogated or modified unless both parties assent, and if one of the parties, when the other is not in default, manifests in unequivocal language his intention not to perform the contract unless it is modified, he breaches the contract, and is liable therefor.
As we have seen, the…
2Cited by10 opinions
- Yeazell v. CopinsArizona Supreme Court · 1965
- Finlay v. SwirskySupreme Court of Connecticut · 1923
- Tracy v. O'NeillSupreme Court of Connecticut · 1925
- Gilman v. PedersenSupreme Court of Connecticut · 1981
- Pacific Coast Engineering Company, a Corporation v. Merritt-Chapman & Scott Corporation, a CorporationCourt of Appeals for the Ninth Circuit · 1969
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