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eBook details

• Title: West Hill Construction Corporation v. Horwath
• Author : Supreme Court of Connecticut
• Release Date : January 05, 1962
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 65 KB

Description

On March 11, 1958, the plaintiff, a
builder, contracted in writing to build a house on
a designated lot in a development and to convey
the house and the lot to the defendants on
November 1, 1958, for $28,490, toward which the
defendants paid a 10 percent deposit on execution
of the contract. Later, the plaintiff notified the
defendants that the conveyance would take place on
February 20, 1959. The defendants refused to
accept conveyance, claiming that the plaintiff had
not completed nor properly constructed the house.
The plaintiff brought this action for specific
performance and damages, alleging that it was and
still is ready, willing and able to convey. The
defendants denied the plaintiff's compliance with
the contract and filed a counterclaim for specific
performance and damages. This the plaintiff
controverted, and it withdrew its own claim for
specific performance. The case was referred to a
referee, who held a hearing, viewed the premises
and recommended that the defendants be granted
specific performance and damages of $5266.68, with
interest from May 15, 1959. The pertinence of this
interest date does not appear but is not in issue.
The referee later reduced one item of damages in
his report to the extent of $20. The court
accepted the corrected report and rendered
judgment thereon, but it did not give effect to
the $20 correction. This obvious clerical error,
apparent on the record, should be corrected,
although it was not made an issue on the appeal. The plaintiff has appealed from the judgment,
raising only the issue of damages. A three-pronged
attack is made: (1) A clause in the contract is
claimed to limit the plaintiff's liability. (2) The
referee's report is attacked. (3) The form of the
judgment is asserted to duplicate the damages in
[149 Conn. 611]

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