Legal Opinion

Maguire v. Kiesel

Supreme Court of Connecticut

Decided January 15, 1913PublishedCited by 29 opinions

Action to recover damages for breach of an oral agreement respecting a division of the profits to be made from the purchase, improvement and sale, or rental, of certain real estate, brought to and tried by the Superior Court in Fairfield County, Burpee, J.; facts found and judgment rendered for the plaintiff for $1,100, and appeal by the defendant.

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Action to recover damages for breach of an oral agreement respecting a division of the profits to be made from the purchase, improvement and sale, or rental, of certain real estate, brought to and tried by the Superior Court in Fairfield County, Burpee, J.; facts found and judgment rendered for the plaintiff for $1,100, and appeal by the defendant. The following facts are established by the finding of facts and the finding of the issues in favor of the plaintiff :— : About January 1st, 1911, the plaintiff and defendant entered into an oral agreement to share equally in the profits that should…

1Opinion of the CourtPrentice, J.

The plaintiff sues to recover for damages alleged to have been suffered by him from the breach of an agreement between himself and the defendant for the conduct of a joint enterprise, and for services claimed to have been rendered and expenses incurred by him in compliance with the terms of the agreement and in aid of the joint undertaking, the benefit of which has been appropriated by the defendant as a consequence of his wrongful conduct in the breach of the agreement.

The agreement which is thus made the basis of recovery was an oral one, and is found to have been one “to share equally in…

2Cases cited34 opinions

  1. Wakeman v. Wheeler & Wilson Manufacturing Co.New York Court of Appeals · 1886
  2. Griffin v. . ColverNew York Court of Appeals · 1858
  3. Chester v. . DickersonNew York Court of Appeals · 1873
  4. Dillon v. . AndersonNew York Court of Appeals · 1870
  5. Bagley v. . SmithNew York Court of Appeals · 1853

29 more not listed; retrieve them via the Exa API.

3Cited by29 opinions

  1. West Haven Sound Development Corp. v. City of West HavenSupreme Court of Connecticut · 1986
  2. Ball v. T. J. Pardy Construction Co.Supreme Court of Connecticut · 1928
  3. Strimiska v. YatesSupreme Court of Connecticut · 1969
  4. Shelinsky v. FosterSupreme Court of Connecticut · 1913
  5. Barry v. Posi-Seal International, Inc.Connecticut Appellate Court · 1994

24 more not listed; retrieve them via the Exa API.

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