City of Bridgeport v. T. A. Scott Co.
Supreme Court of Connecticut
Action to recover damages for the refusal of the defendant contractor to repair or make good the injury to a sea-wall which it had contracted to build for the plaintiff, caused by a severe storm pending the completion of the wall, brought to the Superior Court in Fair-field County, where a demurrer to the complaint was overruled and one to the second paragraph of the answer sustained (Haines, J.), and later, upon an agreed statement of facts, the cause was reserved for the…
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Action to recover damages for the refusal of the defendant contractor to repair or make good the injury to a sea-wall which it had contracted to build for the plaintiff, caused by a severe storm pending the completion of the wall, brought to the Superior Court in Fair-field County, where a demurrer to the complaint was overruled and one to the second paragraph of the answer sustained (Haines, J.), and later, upon an agreed statement of facts, the cause was reserved for the advice of this court. June 26th, 1916, the plaintiff and the defendant Scott Company entered into a written contract…
1Opinion of the CourtPrentice, C. J.
Counsel for the defendants concede that their clients’ defense to this action is to be found, if found it is, in the divisibility of the contract between the Scott Company and the city. If that con tract embraced one entire undertaking, it is apparent that the provision contained in paragraph 15 of the specifications embodied in the contract, that “the contractor shall be held responsible for all loss and damage to work or material caused by rain, wind and fire, or any other cause and shall replace any such damaged work or material,” fastens upon the Scott Company all responsibility for the…
2Cases cited9 opinions
- Wooten v. . WaltersSupreme Court of North Carolina · 1892
- City of Chicago v. SextonIllinois Supreme Court · 1885
- Barlow Manufacturing Co. v. StoneMassachusetts Supreme Judicial Court · 1908
- Young & Conant Manufacturing Co. v. WakefieldMassachusetts Supreme Judicial Court · 1876
- Straus v. YeagerIndiana Court of Appeals · 1911
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3Cited by7 opinions
- Beit v. BeitSupreme Court of Connecticut · 1948
- Taylor v. Lounsbury-Soule Co.Supreme Court of Connecticut · 1927
- Charles H. Dresser & Son, Inc. v. Allemannia Fire InsuranceSupreme Court of Connecticut · 1924
- Peist v. RichmondSupreme Court of Vermont · 1923
- Haller Testing Laboratories, Inc. v. A. Lurie, Inc.Connecticut Appellate Court · 1962
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