Butler v. Barnes
Supreme Court of Connecticut
Suit for the reformation of a deed and for damages for a breach of the covenant of warranty in the deed; brought to the Court of Common Pleas in Hartford County. The case was before this court at a former term, (60 Conn. R., 170,) when the court ordered a new trial. The case was re-tried before Taintor, J., who made a new finding of the facts and rendered judgment for the plaintiff to recover §903.08 as damages.
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Suit for the reformation of a deed and for damages for a breach of the covenant of warranty in the deed; brought to the Court of Common Pleas in Hartford County. The case was before this court at a former term, (60 Conn. R., 170,) when the court ordered a new trial. The case was re-tried before Taintor, J., who made a new finding of the facts and rendered judgment for the plaintiff to recover §903.08 as damages. The defendant appealed for error in the rulings of the court as to evidence and as to the damages. The case is fully stated in the opinion.
1Opinion of the CourtTorbabce, J.
At a former term this case came before us on a special finding of the facts by the trial court, with a judgment rendered upon those facts in favor of the defendant. The plaintiff appealed to this court on the ground that the trial court erred in applying the law to the facts so found. This court held that there was error in the judgment appealed from, “and that a new trial should be granted, at which the Court of Common Pleas may reform the deed as herein indicated, and thereupon render judgment for damages for the breach of the covenants now in said deed contained.” Butler v. Barnes, 60…
2Cases cited5 opinions
- Inhabitants of Westfield v. MayoMassachusetts Supreme Judicial Court · 1877
- Belden v. SeymourSupreme Court of Connecticut · 1831
- Butler v. BarnesSupreme Court of Connecticut · 1891
- Sterling v. PeetSupreme Court of Connecticut · 1841
- Taylor v. KeelerSupreme Court of Connecticut · 1883
3Cited by7 opinions
- County of Stark v. MischelNorth Dakota Supreme Court · 1916
- Patron v. KonoverConnecticut Appellate Court · 1996
- Coombs v. Salt Lake & Fort Douglas Railway Co.Utah Supreme Court · 1895
- Hay, Admr. v. BilleterIndiana Court of Appeals · 1925
- Taylor State Bank v. BaumgartnerNorth Dakota Supreme Court · 1914
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