Barrett Manufacturing Co. v. D'Ambrosio
Supreme Court of Connecticut
Action to recover the price of a quantity of coal tar furnished by the plaintiff to the defendants for use in road building, brought to the Superior Court in Hartford County and tried to the jury before Tuttle, J.; verdict and judgment for the plaintiff for $1,705, and appeal by the defendants.
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Action to recover the price of a quantity of coal tar furnished by the plaintiff to the defendants for use in road building, brought to the Superior Court in Hartford County and tried to the jury before Tuttle, J.; verdict and judgment for the plaintiff for $1,705, and appeal by the defendants. The plaintiff offered evidence to prove the following facts: The State of Connecticut, through its highway commissioner, invited bids for building a section of highway in Windsor Locks, in accordance with certain specifications. The defendants’ bid was accepted November 12th, 1912. _ The specifications…
1Opinion of the CourtWheeler, J.
The court charged the jury that the contract which the plaintiff undertook to perform was to furnish material of the kind and quality mentioned in the then specifications, to the satisfaction of the highway commissioner in office when the contract was made; and that if the material delivered was in accordance with the specifications, and was rejected because of the change in the contract and the substitution of a different material at a later time by the highway commissioner, the change would be no defense and the plaintiff would be entitled to recover.
This was erroneous. The contract, as…
2Cases cited3 opinions
- Nichols v. JohnsonSupreme Court of Connecticut · 1834
- Shelinsky v. FosterSupreme Court of Connecticut · 1913
- Morris v. PeckhamSupreme Court of Connecticut · 1883
3Cited by9 opinions
- Montanaro v. PandolfiniSupreme Court of Connecticut · 1961
- Utley v. NolanSupreme Court of Connecticut · 1948
- Falletti v. CarranoSupreme Court of Connecticut · 1918
- Munzenmaier v. QuickSupreme Court of Connecticut · 1948
- North American Seed Co. v. Cedarburg Supply Co.Wisconsin Supreme Court · 1945
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