Banks v. Warner
Supreme Court of Connecticut
Action on the common counts to recover the price of pier blocks, brought to and tried by the Court of Common Pleas in New Haven County, Simpson, J facts found and judgment rendered for the defendant on his counterclaim, and appeal by the plaintiff. The plaintiff in his bill of particulars claimed for twenty stone pier blocks furnished the defendant at an agreed price of' $7 each, to be used on an Essex job.
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Action on the common counts to recover the price of pier blocks, brought to and tried by the Court of Common Pleas in New Haven County, Simpson, J facts found and judgment rendered for the defendant on his counterclaim, and appeal by the plaintiff. The plaintiff in his bill of particulars claimed for twenty stone pier blocks furnished the defendant at an agreed price of' $7 each, to be used on an Essex job. The defendant, by way of special defense and counterclaim, alleged that the plaintiff agreed to furnish him fifteen other pier blocks, to be used on a Brennan job, for the sum of $70, that…
1Opinion of the CourtThayer, J.
It is apparent from the facts appearing in the statement of the case that the court did not adopt as the measure of damages the rule stated in the reasons of appeal. Had it done so, the defendant’s damages would have been $126.50 instead of the amount which was allowed. The amount which was allowed was the difference between this sum, which was what the defendant paid for the pier blocks after the plaintiff’s b. each of contract, and the sum for which the plaintiff agreed to furnish them.
But the plaintiff’s contention before us has been that the true measure of damages in such a case is the…
2Cases cited6 opinions
- Jordan, Marsh & Co. v. PattersonSupreme Court of Connecticut · 1896
- Dennison v. Waterville Cutlery Co.Supreme Court of Connecticut · 1908
- Bradley v. GorhamSupreme Court of Connecticut · 1904
- Clark's ApplicationSupreme Court of Connecticut · 1906
- City of Bridgeport v. Bridgeport Hydraulic Co.Supreme Court of Connecticut · 1908
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Bushnell v. BushnellSupreme Court of Connecticut · 1925
- Petrillo v. KolbaySupreme Court of Connecticut · 1933
- Maguire v. KieselSupreme Court of Connecticut · 1913
- Brower v. WakemanSupreme Court of Connecticut · 1914
- Town of Farmington v. RileySupreme Court of Connecticut · 1914
4 more not listed; retrieve them via the Exa API.