Edward DeV. Tompkins, Inc. v. City of Bridgeport

Supreme Court of Connecticut

Edward DeV. Tompkins, Inc. v. City of Bridgeport

110 A. 193, 94 Conn. 687, 1920 Conn. LEXIS 50

CourtSupreme Court of Connecticut

DecidedMay 14, 1920

StatusPublished

Cited by4 cases

This text of 110 A. 193 (Edward DeV. Tompkins, Inc. v. City of Bridgeport) is published on Counsel Stack Legal Research, covering Supreme Court of Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Edward DeV. Tompkins, Inc. v. City of Bridgeport, 110 A. 193, 94 Conn. 687, 1920 Conn. LEXIS 50 (Colo. 1920).

Pincite

Opinion

Case, J.

The defendant in its brief condenses its claims into these two statements: “First: Upon the evidence, the court was not justified in finding or holding that the plaintiff was ready and willing to go forward with the construction of the bridge in accordance with the plans and specifications.....Second: •That even if the city was technically wrong in its method of terminating the contract, yet all that the plaintiff could reasonably ask was his actual outlay.”

There was evidence justifying the findings as made and they must stand. The true measure of damages was recognized, and its application to the facts found was correct, for reasons which are discussed in the opinion rendered in the companion case between the same parties, ante, p. 659, and upon the authorities there cited.

There is no error.

In this opinion the other judges concurred, except Wheeler, J., who dissented.

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