RUTT v. ROCHE


138 Conn. 605 (1952)

ABRAHAM RUTT v. JOHN L. ROCHE

Supreme Court of Connecticut.

Decided March 25, 1952.


Attorney(s) appearing for the Case

Harry Cooper, with whom was I. Albert Lehrer, for the appellant (plaintiff).

Simon J. Beizer, with whom were Kendall M. Pierce and, on the brief, Morris G. Beizer, for the, appellee (defendant).

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


BALDWIN, J.

This is an action upon a contract whereby the plaintiff agreed to sell and the defendant to buy certain real estate in Hartford. The complaint sets forth an agreement partly written and partly oral and alleges part performance by the plaintiff. The defendant demurred on the ground that the agreement was within the Statute of Frauds and that the acts of part performance were not such as would take the contract out of the statute. The trial court sustained...

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