(Download) "Charter Oak Estates, Inc. v. Kearney" by Supreme Court of Connecticut " Book PDF Kindle ePub Free
eBook details
- Title: Charter Oak Estates, Inc. v. Kearney
- Author : Supreme Court of Connecticut
- Release Date : January 24, 1971
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
In the first count of this action the plaintiff
seeks to recover the reasonable value of certain
work, labor and services performed at the request
of the defendants consisting of the relocation
and resurfacing of a driveway and the draining
and filling of a pond on lot 5 of the defendants'
land, of the reasonable value of $18,707.25. The
second count is predicated on the same allegations
of fact but damages are claimed on the ground of
unjust enrichment. The defendants answered admitting that demand
for payment had been made by the plaintiff as
alleged in the first count, and denying the
remaining allegations of both counts. The
defendants also pleaded three special defenses. In
the first special defense it was alleged that the
plaintiff represented to the defendants that the
cost of the work involved would not exceed the sum
of $2500; that the defendants relied on the
representations of the plaintiff, informed the
plaintiff of such reliance and of the necessity of
limiting the cost to $2500 and agreed to have the
work done; that the plaintiff proceeded to do the
work and at no time informed the defendants that
the cost to the defendants would exceed $2500
until February 24, 1966, after the completion of
the work. In the second special defense the
defendants alleged that at the closing, when title
to the properties in question was conveyed to the
defendants, the plaintiff set forth claims for
various additional work and extras but made no
claim for payment for the additional work sought
in this action, and that the payment of these
extra sums was in full settlement of all extras
and obligations between the parties to the date of
the closing on December 6, 1965, other than the
sum of $2500. In the third special defense the
[160 Conn. 525]