Fox v. Tabel
Supreme Court of Connecticut
Action to recover damages for breach of contract, brought originally before a justice of the peace, and thence by defendant’s appeal to the District Court of Waterbury, and tried to the court, Moot, J.; facts found and judgment rendered for the defendant, and appeal by the plaintiff for alleged errors in the rulings of the court.
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Action to recover damages for breach of contract, brought originally before a justice of the peace, and thence by defendant’s appeal to the District Court of Waterbury, and tried to the court, Moot, J.; facts found and judgment rendered for the defendant, and appeal by the plaintiff for alleged errors in the rulings of the court. The plaintiff sought to recover damages for the refusal of the defendant to accept a marble monument, manufactured by the plaintiff, pursuant to a written agreement between them. In the District Court three defenses were pleaded. The first was a general denial. The…
1Opinion of the CourtBaldwin, J.
The second and third defenses were not demurrable. No man can maintain an action upon an agreement which was confessedly procured by his assertion that he was authorized by another to execute it in his behalf, when such representations were false, and made with intent to deceive and defraud the other contracting party. Nor can it be seriously questioned that, if such representations were true, a release by the principal would be a bar to any action on the contract.
The finding of the District Court shows that John Hanna of New Britain, was a dealer in monuments, and known by reputation to Mrs.…
2Cases cited1 opinion
- Feltz v. WalkerSupreme Court of Connecticut · 1881
3Cited by13 opinions
- Kurzatkowski v. KurzatkowskiSupreme Court of Connecticut · 1955
- New York Brokerage Co. v. WhartonSupreme Court of Iowa · 1909
- McLaughlin v. ThomasSupreme Court of Connecticut · 1912
- Goldberg v. KrayeskeSupreme Court of Connecticut · 1925
- Nixon v. Temple Terrace Estates, Inc.Supreme Court of Florida · 1929
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