Whiting v. Koepke
Supreme Court of Connecticut
Action to foreclose a mechanics lien and for damages, brought to the Court of Common Pleas in Hew Haven County and tried to the court, Hubbard, J.; facts found and judgment rendered for the plaintiff, and appeal by the defendant for alleged errors in the rulings of the court.
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Action to foreclose a mechanics lien and for damages, brought to the Court of Common Pleas in Hew Haven County and tried to the court, Hubbard, J.; facts found and judgment rendered for the plaintiff, and appeal by the defendant for alleged errors in the rulings of the court. The complaint, after stating that the defendant was the owner of a lot of land in the town of Hamden on which was a house, alleged that “the plaintiff furnished materials and rendered services in the construction and repair of said house, under an agreement with the defendant, made October 27th, 1896, when the defendant…
1Opinion of the CourtAndrews, C. J.
The only ground alleged in the complaint by reason of which the plaintiff sought to have his lien foreclosed, was that he had rendered services and furnished materials upon an agreement with the defendant that shé would pay for the same. That agreement is not proved. The plaintiff now claims that his lien may rightfully be foreclosed, because a consent by the defendant was found by the trial court. But that consent was not averred. That is to say, in brief, the ground of recovery averred is not proved; the ground of recovery found is not averred. When the facts upon which the court in any…
2Cases cited2 opinions
- Atwood v. WeltonSupreme Court of Connecticut · 1889
- Powers v. MulveySupreme Court of Connecticut · 1884
3Cited by14 opinions
- Malone v. SteinbergSupreme Court of Connecticut · 1952
- Lundberg v. KovacsSupreme Court of Connecticut · 1977
- Firszt v. Capitol Park Realty Co.Supreme Court of Connecticut · 1923
- McKenna v. WhippleSupreme Court of Connecticut · 1922
- Kane v. KaneSupreme Court of Connecticut · 1935
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