City of New Britain v. New Britain Telephone Co.
Supreme Court of Connecticut
Action to recover the amount of liquidated damages in a bond given by the defendants, brought to the Superior Court in Hartford County where a demurrer to the answer was sustained in part (Prentice, J".) and the cause was afterwards tried to the court, Bor aback, J.; facts found and judgment rendered for the plaintiff for the full amount ($2,500), and appeal by the defendants for alleged errors in the rulings of the court.
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Action to recover the amount of liquidated damages in a bond given by the defendants, brought to the Superior Court in Hartford County where a demurrer to the answer was sustained in part (Prentice, J".) and the cause was afterwards tried to the court, Bor aback, J.; facts found and judgment rendered for the plaintiff for the full amount ($2,500), and appeal by the defendants for alleged errors in the rulings of the court. The plaintiff is a municipal corporation of this State, and the New Britain Telephone Company, one of the defendants, is a joint-stock corporation located in New Britain,…
1Opinion of the CourtTorrance, C. J.
The agreement and the bond here in question, for most purposes may fairly be regarded and construed as a single instrument. They were made at the same time, as part of the same transaction, and the one—the agreement—is by express reference made a part of the other, as much so as if it were written out in full therein. The bond thus contains the agreement and something more. In addition to this agreement and the usual conditions of defeasance, the condition of the bond contains, by clear implication, certain engagements not contained in the embodied agreement, which the defendant telephone…
2Cases cited8 opinions
- Tode v. . GrossNew York Court of Appeals · 1891
- Bagley v. . PeddieNew York Court of Appeals · 1857
- Lampman v. . CochranNew York Court of Appeals · 1857
- Davis v. FreemanMichigan Supreme Court · 1862
- Tingley v. CutlerSupreme Court of Connecticut · 1828
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3Cited by17 opinions
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- Beaverdale Memorial Park, Inc. v. DanaherSupreme Court of Connecticut · 1940
- Norwalk Door Closer Co. v. Eagle Lock & Screw Co.Supreme Court of Connecticut · 1966
- Hanlon Drydock & Shipbuilding Co. v. G. W. McNear, Inc.California Court of Appeal · 1924
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