Eastern Consolidators, Inc. v. W. L. McAviney Properties, Inc.

This action was brought by the plaintiff to obtain specific performance of a contract in which the defendant agreed to sell and convey certain premises to the plaintiff for an agreed price. The plaintiff expressly alleged that on the date of the contract, and ever since, it had been ready, able and willing to perform the agreement and had offered to do so. In its answer, the defendant denied these specific allegations. This denial put these allegations in issue, with the burden on the plaintiff to prove them. Silva v. Hartford, 141 Conn. 126, 128, 104 A.2d 210.

The court rendered judgment for…