Bryant Electric Co. v. Stein
Supreme Court of Connecticut
Action for the reformation and specific performance of an alleged written agreement for the sale of real estate, brought to the Superior Court in Fairfield County where a demurrer to the substituted complaint was sustained (Curtis, J.) and judgment was afterward rendered for the defendants, from which the plaintiff appealed.
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Action for the reformation and specific performance of an alleged written agreement for the sale of real estate, brought to the Superior Court in Fairfield County where a demurrer to the substituted complaint was sustained (Curtis, J.) and judgment was afterward rendered for the defendants, from which the plaintiff appealed. The complaint is based upon a written contract, Exhibit A, for the purchase and sale of described real estate, and in the first count it alleges that thereby the defendant agreed with one Blackman, who was acting as agent, to sell to the plaintiff, and Blackman, as such…
1Opinion of the CourtBeach, J.
There is a difference of judicial opinion upon the question whether a court of equity may first reform a contract by the introduction into it of a new term derived from parol evidence, and then enforce it as a written contract sufficient under the statute of frauds. See 2 Pomeroy’s Equity Jurisprudence (4th Ed.) § 862 et seq. But in this State the question is no longer open. Osborn v. Phelps, 19 Conn. 63. In that case the parties had agreed upon an exchange of lands and the contract was expressed in two separate writings. The intention was that each party should sign the paper containing the…
2Cases cited10 opinions
- Glass v. HulbertMassachusetts Supreme Judicial Court · 1869
- Safe Deposit & Trust Co. v. Diamond Coal & Coke Co.Supreme Court of Pennsylvania · 1912
- Bartholomew v. MuzzySupreme Court of Connecticut · 1892
- Osborn v. PhelpsSupreme Court of Connecticut · 1848
- Strong v. BenedictSupreme Court of Connecticut · 1824
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Foley v. Huntington Co.Connecticut Appellate Court · 1996
- Leventhal v. Town of StratfordSupreme Court of Connecticut · 1936
- Lewitt v. Park Ecclesiastical SocietySupreme Court of Connecticut · 1925
- Tolman v. McLay.Supreme Court of Connecticut · 1931
- State ex rel. Hartford-Connecticut Trust Co. v. United States Fidelity & Guaranty Co.Supreme Court of Connecticut · 1926
3 more not listed; retrieve them via the Exa API.