Bristol & Plainville Tramway Co. v. Eveline
Supreme Court of Connecticut
Action upon a contractor’s bond for the due and proper performance of certain work in connection with the excavating, laying, and back-filling of cast iron gas-pipes and their fixtures, brought to the Superior Court in Hartford County where the plaintiff was non-suited in a trial to the court, Gager, J., and from the refusal of the trial court to set aside this judgment the plaintiff appealed.
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Action upon a contractor’s bond for the due and proper performance of certain work in connection with the excavating, laying, and back-filling of cast iron gas-pipes and their fixtures, brought to the Superior Court in Hartford County where the plaintiff was non-suited in a trial to the court, Gager, J., and from the refusal of the trial court to set aside this judgment the plaintiff appealed. This action is brought against the contractor and sürety upon a bond for the faithful performance of a contract between the George A. Eveline Company and the Bristol and Plainville Tramway Company for…
1Opinion of the CourtBeach, J.
On the face of this appeal-record the nonsuit was justified, because there is no evidence whatever to support the essential allegations of' negligence and of defective workmanship. The underlying question, however, was whether, on the face of the contract, the plaintiff had any cause of action enforceable by a suit on the bond. This question having been determined adversely to the plaintiff was decisive of the merits, and might logically have resulted in a judgment for the defendant in the usual form, instead of a judgment as of nonsuit. But since the nonsuit was based upon the ruling as to…
2Cases cited4 opinions
- Dunnett v. ThorntonSupreme Court of Connecticut · 1900
- Summa v. DereskiawiczSupreme Court of Connecticut · 1909
- Dennison v. Waterville Cutlery Co.Supreme Court of Connecticut · 1908
- Cadwell v. Town of CantonSupreme Court of Connecticut · 1908
3Cited by2 opinions
- Gordon v. Indusco Management Corp.Supreme Court of Connecticut · 1973
- Taft Realty Corp. v. Yorkhaven Enterprises, Inc.Supreme Court of Connecticut · 1959