Coburn v. City of Hartford
Supreme Court of Connecticut
Scire facias in foreign attachment; brought to the Court of Common Pleas for Hartford county, and tried on the general issue closed to the court (Briscoe, J.') The court rendered judgment for the defendant, and the plaintiffs moved for a new trial. On the 24th of September, 1870, Charles C. Soper, the defendant in the original suit, entered into a contract with the city of Hartford to build a sewer in that city.
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Scire facias in foreign attachment; brought to the Court of Common Pleas for Hartford county, and tried on the general issue closed to the court (Briscoe, J.') The court rendered judgment for the defendant, and the plaintiffs moved for a new trial. On the 24th of September, 1870, Charles C. Soper, the defendant in the original suit, entered into a contract with the city of Hartford to build a sewer in that city. By the terms of the contract the sewer was to he completed on or before the 15th of October, 1870, and Soper was to receive for building it one dollar and seventy-two cents per lineal…
1Opinion of the CourtFoster, J.
Several questions arose on the trial of this action in the court below; among them, one as to the character of the contract entered into between Soper and the defendants. The defendants claimed that it was an entire contract; and inasmuch as the work was not done on the 28th of October, 1870, when the copy was left with them in service, nothing was then due to Soper, and so there could be no recovery in this action. The plaintiffs denied this to be the true construction of the contract, and insisted that it was not entire, but apportionable; and that there was a sum- due Soper from the…
2Cited by12 opinions
- Loewe v. Savings Bank of DanburyCourt of Appeals for the Second Circuit · 1916
- Cunningham Lumber Co. v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1905
- Calechman v. Great Atlantic & Pacific Tea Co.Supreme Court of Connecticut · 1935
- Stewart v. . NewburyNew York Court of Appeals · 1917
- F & W Welding Service, Inc. v. ADL Contracting Corp.Supreme Court of Connecticut · 1991
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