Capitol City Lumber Co. v. Sudarsky
Supreme Court of Connecticut
Suit to foreclose a mechanic’s lien, brought to the Superior Court in Hartford County, where a bond of '$30,000 with surety, given by the owners of the property, was by order of court (Greene, J.) substituted for the claimed liens, and the cause was subsequently referred to and heard by a committee who reported the facts; the court, Warner, J., overruled, in the main, a remonstrance to the committee’s report, and judgment was afterward rendered in accordance therewith, from…
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Suit to foreclose a mechanic’s lien, brought to the Superior Court in Hartford County, where a bond of '$30,000 with surety, given by the owners of the property, was by order of court (Greene, J.) substituted for the claimed liens, and the cause was subsequently referred to and heard by a committee who reported the facts; the court, Warner, J., overruled, in the main, a remonstrance to the committee’s report, and judgment was afterward rendered in accordance therewith, from which the general contractor, Selitzky, and Charles and John Sudarsky, the owners of the premises, appealed. The…
1Opinion of the CourtBeach, J.
The remonstrance of the general contractor, Selitzky, is based on the failure of the committee to apportion the damages for defective work and materials among the several subcontractors whose work was found to be improperly done; and on the refusal of the committee to allow the general contractor interest on the balance found due to him. So far as the remonstrance is based on the ground first mentioned, it is demurred to because there was no issue raised between the general contractor and the subcontractors as to the amounts due the latter. As. a matter of pleading that is true, but it is not…
2Cases cited3 opinions
- Healy v. FallonSupreme Court of Connecticut · 1897
- Loomis v. GillettSupreme Court of Connecticut · 1902
- Tucker v. JewettSupreme Court of Connecticut · 1865
3Cited by12 opinions
- Cecio Bros., Inc. v. FeldmannSupreme Court of Connecticut · 1971
- Bertozzi v. McCarthySupreme Court of Connecticut · 1973
- Slattery v. MaykutSupreme Court of Connecticut · 1978
- Campbell v. RockefellerSupreme Court of Connecticut · 1948
- Southern New England Contracting Co. v. StateSupreme Court of Connecticut · 1974
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