Atlantic Terra Cotta Co. v. Chesapeake Terra Cotta Co.
Supreme Court of Connecticut
Action to recover damages for the wrongful repudiation of an alleged contract to accept and use terra cotta for a certain building shortly to be erected, brought to the Superior Court in Fairfield County where a demurrer to the amended complaint was sustained, Maltbie, J., and, no further pleading having been filed by the plaintiff, judgment was rendered for the defendant, from which the plaintiff appealed.
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Action to recover damages for the wrongful repudiation of an alleged contract to accept and use terra cotta for a certain building shortly to be erected, brought to the Superior Court in Fairfield County where a demurrer to the amended complaint was sustained, Maltbie, J., and, no further pleading having been filed by the plaintiff, judgment was rendered for the defendant, from which the plaintiff appealed. The amended complaint was as follows:— “1. On March 29, 1920, the plaintiff and the defendant entered into a contract pursuant to the terms of which the plaintiff agreed to furnish, and…
1Opinion of the CourtCurtis, J.
If the first condition of the plaintiff’s proposal in Exhibit A, reading: “1. This proposal is good for thirty days from date, and acceptance thereof is subject to a form of contract satisfactory to us” — had been omitted from the written offer made by the plaintiff, the written acceptance of the defendant could have been held to constitute a valid contract, upon the ground that although neither the offer nor the acceptance contained any express intent as to time of delivery or payment, yet in such case the absence of the ordinary stipulations as to time of delivery and time of payment would…
2Cases cited12 opinions
- Sanders v. Pottlitzer Bros. Fruit Co.New York Court of Appeals · 1894
- Mississippi & Dominion Steamship Co. v. SwiftSupreme Judicial Court of Maine · 1894
- Pratt v. . Hudson River Railroad CompanyNew York Court of Appeals · 1860
- Drummond v. CraneMassachusetts Supreme Judicial Court · 1893
- Mercer Electric Manufacturing Co. v. Connecticut Electric Manufacturing Co.Supreme Court of Connecticut · 1914
7 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Wellington Systems, Inc. v. Redding Group, Inc.Connecticut Appellate Court · 1998
- Nora Beverages, Inc. v. Perrier Group Of America, Inc.Court of Appeals for the Second Circuit · 1998
- Nora Beverages, Inc. v. Perrier Group of America, Inc.Court of Appeals for the Second Circuit · 1998
- Fowler v. WeissConnecticut Appellate Court · 1988
- Boston Lumber Co. v. Pendleton Brothers, Inc.Supreme Court of Connecticut · 1925
11 more not listed; retrieve them via the Exa API.