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HARRIS v. CLINTON

142 Conn. 204 (1955)

WILLIAM H. HARRIS ET AL. v. SAMUEL W. CLINTON ET AL.

Supreme Court of Connecticut.

Decided March 22, 1955.

Attorney(s) appearing for the Case

Ralph J. Lockwood, and Constance B. Motley of the New York bar, with whom were Peter Marcuse and, on the brief, Thurgood Marshall of the New York bar, for the appellants (plaintiffs).

T. Holmes Bracken, for the appellees (defendants).

BALDWIN, O'SULLIVAN, WYNNE, DALY and BERDON, JS.

BORDON, J.

The plaintiffs brought this action for specific performance as assignees of a written contract whereby the defendants agreed to convey a building lot in West Haven to Peter Horbick, the plaintiffs' assignor. The defendants pleaded by way of special defense that the written contract failed to state the true intent of the parties because, as an inducing consideration, Horbick had agreed orally (1) not to assign...

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