EASTERN CONSOLIDATORS, INC. v. W. L. MCAVINEY PROPERTIES, INC.


159 Conn. 510 (1970)

EASTERN CONSOLIDATORS, INC. v. W. L. MCAVINEY PROPERTIES, INC.

Supreme Court of Connecticut.

Decided June 16, 1970.


Attorney(s) appearing for the Case

W. Paul Flynn, for the appellant (plaintiff).

Robert K. Walsh, with whom, on the brief, was Walter W. Walsh, for the appellee (defendant).

ALCORN, C. J., HOUSE, THIM, RYAN and SHAPIRO, JS.


HOUSE, J.

This action was brought by the plaintiff to obtain specific performance of a contract in which the defendant agreed to sell and convey certain premises to the plaintiff for an agreed price. The plaintiff expressly alleged that on the date of the contract, and ever since, it had been ready, able and willing to perform the agreement and had offered to do so. In its answer, the defendant denied these specific allegations. This denial put these

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