Hall v. Allis
Supreme Court of Connecticut
Action to recover damages for breach of covenant, brought to the Superior Court in New Haven County and tried to the court, Elmer, J.; facts found and judgment rendered for the defendant, and appeal by the plaintiff for alleged errors in the rulings and findings of the court.
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Action to recover damages for breach of covenant, brought to the Superior Court in New Haven County and tried to the court, Elmer, J.; facts found and judgment rendered for the defendant, and appeal by the plaintiff for alleged errors in the rulings and findings of the court. On or about November 15th, 1893, the defendant executed and delivered to the plaintiff a deed of land in the city of New Haven, the material parts of which are as follows:— “ To have and to hold the above granted and bargained premises, with the appurtenances thereof, unto him, the said grantee, his heirs and assigns…
1DissentHall, J.
The facts proved by extrinsic evidence, as stated in the finding, strongly favor the construction of the covenant in question contended for by the defendant. I cannot concur in the conclusion reached by the majority of the court, that the record shows that in the transaction with the plaintiff, the defendant and E. P. Yale were but one party, or that they were to be so regarded in their dealing with the trustees, Sloper and Minor. On the contrary, as I interpret the finding, neither the plaintiff nor any other party to the transaction understood that the defendant was the purchaser of the…
2Cases cited8 opinions
- Mitchell v. WarnerSupreme Court of Connecticut · 1825
- Brown v. South Boston Savings BankMassachusetts Supreme Judicial Court · 1889
- King v. KilbrideSupreme Court of Connecticut · 1889
- Hopper v. SmyserCourt of Appeals of Maryland · 1900
- Shanahan v. PerryMassachusetts Supreme Judicial Court · 1881
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