Tungsten Co. of America v. Beach
Supreme Court of Connecticut
Action to recover damages for an alleged breach of contract to keep premises occupied by the plaintiff insured against fire for its benefit, in which the Long Hill Quarries Company, one of the defendants, filed a cross-complaint against Beach, the other defendant, for damages and for an adjudication of their respective rights in and to the premises; also an action by the Quarries Company against the Tungsten Company to recover possession of the leased premises, for a…
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Action to recover damages for an alleged breach of contract to keep premises occupied by the plaintiff insured against fire for its benefit, in which the Long Hill Quarries Company, one of the defendants, filed a cross-complaint against Beach, the other defendant, for damages and for an adjudication of their respective rights in and to the premises; also an action by the Quarries Company against the Tungsten Company to recover possession of the leased premises, for a cancellation of the sublease, and for other equitable relief; brought to the Superior Court in Fairfield County and referred to…
1Opinion of the CourtBeach, J.
All of the questions arising in the two cases were argued together, and as they arose out of the same transaction or series of transactions and, in the. view which we take, depend, except as to the cross-complaint, upon the same questions of law, they will be discussed in one opinion.
The first question is whether the Tungsten Company is entitled to recover damages in its action against Beach and the Quarries Company, and we are of opinion that it is not so entitled, for the reason that by its continued default in the payment of rent and of instalments of the purchase price it has lost all…
2Cases cited3 opinions
- William Filene's Sons Co. v. WeedSupreme Court of the United States · 1918
- Miller v. BentonSupreme Court of Connecticut · 1887
- Gulliver v. FowlerSupreme Court of Connecticut · 1894
3Cited by6 opinions
- Conference Center Ltd. v. TRC—The Research Corp.Supreme Court of Connecticut · 1983
- Thomas v. RoperSupreme Court of Connecticut · 1972
- Reid v. MillsSupreme Court of Connecticut · 1934
- Korn v. JohnsonCourt of Appeals of Texas · 1938
- Cook v. Costen, No. Spnh 9804-54417 (Apr. 28, 1998)Connecticut Superior Court · 1998
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