Legal Opinion

Breen v. Phelps

Supreme Court of Connecticut

Decided January 26, 1982PublishedCited by 197 opinions

1Opinion of the CourtShea, J.

This appeal raises procedural issues regarding appellate review of a ruling striking a single count of a complaint and also substantive issues relating to the statute of frauds and the non-claim statute.

The complaint alleged in the first count a claim for specific performance of an agreement for the sale to the plaintiff of certain real estate in Litchfield owned by Anna Phelps, deceased, for whose estate the defendant 1 is acting as administrator. The second count sought damages against the estate upon the ground of unjust enrichment or constructive trust by virtue of payments made by the…

2Cases cited53 opinions

  1. Messenger v. AndersonSupreme Court of the United States · 1912
  2. Dictograph Products Company, Inc. v. Sonotone Corporation, Emil Henry Greibach and S. Michael PinelesCourt of Appeals for the Second Circuit · 1956
  3. Amodio v. CunninghamSupreme Court of Connecticut · 1980
  4. Maloney v. PacSupreme Court of Connecticut · 1981
  5. Nowak v. NowakSupreme Court of Connecticut · 1978

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3Cited by197 opinions

  1. Dunham v. DunhamSupreme Court of Connecticut · 1987
  2. Aetna Casualty & Surety Co. v. JonesSupreme Court of Connecticut · 1991
  3. Daley v. Aetna Life & Casualty Co.Supreme Court of Connecticut · 1999
  4. Cahill v. Board of EducationSupreme Court of Connecticut · 1985
  5. S.M.S. Textile Mills, Inc. v. Brown, Jacobson, Tillinghast, Lahan & King, P.C.Connecticut Appellate Court · 1993

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