Di Biase v. Garnsey

This action was originally commenced as an action of replevin in which the defendant filed a counterclaim and has twice before been before this court; 103 Conn. 21, 130 Atl. 81; 104 Conn. 447, 113 Atl. 669; in each of which instances a new trial upon the counterclaim was ordered. On the trial to which this appeal relates, the parties were at issue only upon defendant’s counterclaim in which he sought to recover the reasonable value of labor performed, material and new parts furnished, in repairing plaintiff’s motortruck.

The reasons of appeal relating to failure of the court to charge the jury…