Town of Cromwell v. Connecticut Brown Stone Quarry Co.
Supreme Court of Connecticut
Action for breach of a contract to construct and open a highway; brought to the Superior Court in Middlesex County. The defendants demurred to the complaint, and the court (Hovey, 7) held it insufficient. The plaintiffs then amended the complaint, and the defendants again demurred, and at a later term the court (Sanford, 7.) sustained the demurrer and rendered judgment for the defendants. The plaintiffs appealed to this court. The case is sufficiently stated in the opinion.
1Opinion of the CourtPardee, J.
In 1869 Elisha Bloomer owned a tract of land in the town of Cromwell through which passed a highway which we will designate as highway Ho. 1. The town *471voted that if he would pay to it $3,000 and at his own expense construct, deed to it, and keep in repair for five years, another highway across the land, which we will designate as No. 2, in a course and manner to he approved by its selectmen, it would authorize and direct them to discontinue No. 1, and if he would execute a written agreement to construct at his own expense, and deed to it within five years thereafter, another highway across…
2Cited by2 opinions
- Greist v. AmrhynSupreme Court of Connecticut · 1907
- Johnston v. LonstorfWisconsin Supreme Court · 1906