Pritchard v. Todd
Supreme Court of Connecticut
Appeal from a decree of the court of probate for the district of Waterbury, directing the appellant, as administrator of Edwin Todd, deceased, to convey to the appellee certain land belonging to the estate of the intestate; taken to the Superior Court in New Haven county, which referred the case to a committee, who found the following facts: In the winter of 1867, the appellee made a parol agreement with Edwin Todd, for the purchase of the piece of land described in the…
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Appeal from a decree of the court of probate for the district of Waterbury, directing the appellant, as administrator of Edwin Todd, deceased, to convey to the appellee certain land belonging to the estate of the intestate; taken to the Superior Court in New Haven county, which referred the case to a committee, who found the following facts: In the winter of 1867, the appellee made a parol agreement with Edwin Todd, for the purchase of the piece of land described in the petition. The appellee immediately went into possession of the same, cut down trees, repaired the fences, grafted the apple…
1Opinion of the CourtCarpenter, J.
The Superior Court in rendering judgment upon the facts found in this case, reversing the order and decree of the court of probate, must have ruled, as matter of law, either that the appellee had forfeited his right to relief for the reason that he had not paid the purchase money within the time stipulated, or that he had waived his right to a specific performance by presenting a claim against the estate of the deceased for the money actually paid under the contract. If on either ground there is a fatal objection to the decree passed by the court of probate, the judgment of the Superior Court…
2Cases cited1 opinion
- Allen v. DaviesSupreme Court of Connecticut · 1912
3Cited by2 opinions
- Hawes v. SwanzeySupreme Court of Iowa · 1904
- Siegman v. SorrentinoConnecticut Superior Court · 1949