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FRANKS v. LOCKWOOD

146 Conn. 273 (1959)

JAMES B. FRANKS v. RALPH J. LOCKWOOD ET AL.

Supreme Court of Connecticut.

Decided March 31, 1959.

Attorney(s) appearing for the Case

Robert R. Rosan, for the appellants (named defendant et al.).

John Keogh, Jr., with whom was Walton Clark, Jr., for the appellee (plaintiff).

DALY, C. J., BALDWIN, KING, MURPHY and MELLITZ, JS.

MURPHY, J.

The plaintiff purchased four lots in a development in Norwalk from the defendant Lockwood on May 6, 1956. Within two weeks thereafter, the lots were stripped of topsoil and it was placed upon four other nearby lots which either were then owned by Lockwood or had been sold by him under agreements to grade them and cover them with topsoil. The actual stripping had been done by William Nagy, an employee of Nagy Brothers, Inc., excavation contractors. The latter...

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