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WAICUNAS v. MACARI

151 Conn. 134 (1963)

JOSEPH J. WAICUNAS v. JOHN R. MACARI ET AL.

Supreme Court of Connecticut.

Decided July 31, 1963.

Attorney(s) appearing for the Case

William J. Butler, with whom, on the brief, was Harold Gersten, for the appellant (plaintiff).

Joseph F. Ryter, with whom, on the brief, were Frederick J. Rundbaken and William J. Singer, for the appellees (defendants).

KING, MURPHY, SHEA, ALCORN and COMLEY, JS.

SHEA, J.

The plaintiff is the owner of land in Windsor on which there is a sand and gravel bank. The defendants are general contractors doing business under the name of Macari Brothers. In November, 1955, the plaintiff agreed to sell to the defendants their requirements of gravel and fill. In April, 1956, the parties entered into a second agreement, whereby the defendants were granted the exclusive right to withdraw gravel and fill from the plaintiff's property. On...

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