HARRIS v. CLINTON


138 Conn. 657 (1952)

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

Supreme Court of Connecticut.

Decided April 29, 1952.


Attorney(s) appearing for the Case

James F. Rosen and Constance B. Motley, of the New York bar, with whom was John W. Newman, for the appellants (plaintiffs).

T. Holmes Bracken, with whom was Richard L. Reilly, for the appellees (defendants).

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


BROWN, C. J.

The plaintiffs as assignees of a written contract by the defendants to convey a building lot in West Haven to Peter Horbick, the plaintiffs' assignor, brought this action for specific performance. 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 that he "would not assign his interest in the same to any other party without securing...

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