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M. SHAPIRO & SON CONSTRUCTION CO. v. BATTAGLIA

138 Conn. 238 (1951)

M. SHAPIRO & SON CONSTRUCTION COMPANY, INC. v. HARRY C. BATTAGLIA ET AL., EXECUTORS (ESTATE OF JOSEPH BATTAGLIA)

Supreme Court of Connecticut.

Decided August 14, 1951.

Attorney(s) appearing for the Case

M. J. Blumenfeld, with whom was Israel Nair, for the appellants (defendants).

Hugh M. Alcorn, Jr., with whom were Harold J. Eisenberg and, on the brief, Henry P. Bakewell, for the appellee (plaintiff).

BROWN, C. J., JENNINGS, BALDWIN, INGLIS and O'SULLIVAN, JS.

BALDWIN, J.

The plaintiff, a general contractor engaged in constructing large housing projects, sued the defendants, executors under the will of Joseph Battaglia, a subcontractor, to recover damages for the breach of a construction contract. The defendants denied the breach and filed a counterclaim alleging a breach on the part of the plaintiff. The jury returned a verdict for the plaintiff on the complaint and counterclaim and the defendants appealed, assigning errors...

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