DDS WIRELESS INTERN. v. NUTMEG LEASING

No. 34278.

75 A.3d 86 (2013)

145 Conn.App. 520

DDS WIRELESS INTERNATIONAL, INC., v. NUTMEG LEASING, INC.

Appellate Court of Connecticut.

Decided September 10, 2013.


Attorney(s) appearing for the Case

Linda L. Morkan , with whom, on the brief, was Christopher J. Hug , Hartford, for the appellant (plaintiff).

Matthew Popilowski , with whom, on the brief, was Donn A. Swift , New Haven, for the appellee (defendant).

ROBINSON, BEAR and PETERS, Js.


PETERS, J.

The principal issue in this appeal is whether a court may authorize a purchaser of goods and services that is dissatisfied with the seller's performance to terminate its contract with the seller, without compliance with the contract's unequivocal termination provision, by invoking the doctrine of frustration of purpose. Under the circumstances of this case, in which the validity of the termination provision has not been challenged, we reverse the judgment...

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