Connelly v. Devoe
Supreme Court of Connecticut
Assumpsit, brought by appeal from a justice to the Court of Common Pleas in Fairfield county, and tried on tlio general issue, with notice closed to the court, before Brewster, J. The declaration contained a special count for work in digging a well under a contract with the defendant, the full performance of which by the plaintiff was prevented by the defendant, although the plaintiff had partly dug the same and was ready and willing to complete it.
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Assumpsit, brought by appeal from a justice to the Court of Common Pleas in Fairfield county, and tried on tlio general issue, with notice closed to the court, before Brewster, J. The declaration contained a special count for work in digging a well under a contract with the defendant, the full performance of which by the plaintiff was prevented by the defendant, although the plaintiff had partly dug the same and was ready and willing to complete it. The declaration contained also a general count for work and labor. On the trial it was proved that the defendant, on the 16th of June, 1870,…
1Opinion of the CourtPark, J.
It appears by the finding of the court that a contract between the parties existed till the 22d day of July, when “the defendant put an end to it.” The limitation in the original agreement had been waived by the defendant from time to time, owing to the unexpected difficulties the plaintiff encountered in digging the well, till the 16th day of July, when the agreement stated in the finding of the court was made between the parties. We cannot say, as a matter of law, that this substituted agreement was not valid. There Aras no actionable breach of the original contract when it was made, for…
2Cited by16 opinions
- Blakeslee v. Board of Water CommissionersSupreme Court of Connecticut · 1927
- Linz v. SchuckCourt of Appeals of Maryland · 1907
- Schwartzreich v. . Bauman-Basch, Inc.New York Court of Appeals · 1921
- Valente v. WeinbergSupreme Court of Connecticut · 1907
- Burns v. GouldSupreme Court of Connecticut · 1977
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