Mac-Aire Aviation Corp. v. Corporate Air, Inc.

270 A.2d 849, 6 Conn. Cir. Ct. 238, 1970 Conn. Cir. LEXIS 105
Connecticut Appellate Court·Decided March 6, 1970·No. File No. CV 14-693-41581·Published·Cited by 9 cases

Opinion

Kosicki, J.

In March, 1969, the plaintiffs commenced a summary process action in the Circuit Court in the fourteenth circuit for recovery of premises alleged to have been leased to the defendant. The claimed lease was on a month-to-month basis and essentially involved a portion of the plaintiffs’ main storage hangar at Brainard Field, Hartford. A more specific statement describing the leased premises was filed by the plaintiffs on motion of the defendant. In addition to a general denial, the defendant filed various special defenses and a counterclaim for affirmative relief. Upon motion of the plaintiffs, the counterclaim was stricken on May 1 (Herman, J.) as being improper and unauthorized by the summary process statute, General Statutes § 52-532.

On April 7, the defendant had claimed the case for the jury docket. On May 12, the plaintiffs moved to strike it from the jury docket on the ground that the counterclaim had been ordered stricken. This motion was granted (Levine, J.) on the authority of General Statutes § 51-266 and Frank Miller & Co. v. Lampson, 66 Conn. 432, 438. The court ordered the case to be added to the docket of court cases and that it be assigned for trial without delay. The case was tried, and after a detailed and comprehensive memorandum of decision, filed July 17, the court (Casóle, J.) entered judgment for the plaintiffs against the defendant for the possession of the premises described in the complaint as amended. From this judgment the defendant has appealed.

The court’s finding, which none of the parties moved to correct, recites the following facts. Brainard Field is a state airport located in Hart[241]*241ford, Connecticut. It receives federal funds pursuant to the Federal Aviation Act of 1958. 72 Stat. 731, as amended, 49 U.S.C. §§1301-1542 (1964). The plaintiff Mac-Aire Aviation Corporation entered into a contract with the state of Connecticut, acting through the aeronautics commission, whereby Mac-Aire became the prime fixed base operator at Brainard Field on June 1, 1968. Under this contract, Mac-Aire began operations as prime fixed base operator on June 1, 1968. Mac-Aire assigned its rights under the contract with the state to its wholly owned subsidiary, Mac-Brainard, Inc. This assignment was expressly authorized by the contract. Both companies are hereinafter sometimes collectively referred to as “Mac.” Under the contract with the state, certain parts of the airport were leased to Mae. Included were several areas of land. One leased plot of land contains thirty “T” hangars. Another leased plot contains a building which houses a pilot’s lounge, operations and fueling facilities, offices and a hangar. Another plot of land leased to Mac contains a large hangar measuring 100 feet by 120 feet. It is this hangar which is the subject of this action.

The defendant, Corporate Air, Inc., has been operating commercially, rendering air-taxi and charter service, from Brainard Field since July, 1968, or earlier. Corporate Air first attempted to obtain a flight operator’s license from the state aeronautics commission in late January, 1969. Although Mae-Aire was invited by another fixed base operator, C & B Conn. Air, Inc., to join it in opposing Corporate Air’s application for a flight operator’s license, Mac-Aire refused to do so, and it has not opposed the application. As of the time of trial, June, 1969, the aeronautics commission had not authorized the granting of a flight operator’s contract to Corporate Air. Such a contract had been signed by Corporate [242]*242Air, but the state had not executed it as of the time of trial. This flight operator’s contract provides in part as follows: “The Flight Operator shall have all the ancillary rights required for its performance as a Flight Operator of this agreement coming together with the general public and in addition thereto the Flight Operator shall have the nonexclusive rights hereinafter stated further: (a) The use of all public areas and facilities of the Airport including without limitation the runways, landing areas, taxi-ways, aprons, roadways, public automobile parking areas, runway lights, signals and other operating aids, (b) Said non-exclusive rights are limited as follows: Neither the Flight Operator nor the Flight Operator’s employees or business invitees shall be permitted to use the leased area of any tenant or any fixed base operator or any other lessee or licensee of the State, except as a business invitee of said lessee of the State.”

Up to the time of trial, Corporate Air had no contractual relationship with the state of Connecticut. In the latter part of the summer of 1968, Barry Lutin, an employee of Corporate Air, came to Mac and requested hangar space for one airplane, a Cessna 310. Mac leased hangar space to Corporate Air for the Cessna 310 for $111 per month. Later, one room, located on the southerly side of the hangar, was leased to Corporate Air, for use as an office and for storage, for $50 per month. At about the same time, Corporate Air acquired a second Cessna 310 airplane and sought space to hangar this plane, and Mac leased the hangar space therefor to Corporate Air. Since the fall of 1968 to the present time, Corporate Air has been in possession of the office and hangar space for the two Cessna 310s, for which rent was to be and has been paid to Mac on a monthly basis at the rate of $272 per month. Corporate Air occasionally put aircraft [243]*243other than the two Cessna 310s in the leased hangar space. The area in the hangar leased by Corporate Air is described in Mac’s more specific statement, also in a plaintiffs’ exhibit. The open floor area leased to the defendant is located in the southeast corner of the hangar. This area was not delineated physically, that is by painted lines or otherwise. The southeast corner area of the hangar, as described in the more specific statement and the exhibit, is the part of the hangar Mae considered leased to Corporate Air. Corporate Air’s aircraft were kept within this area when inside the hangar. Mac’s employees did not move or otherwise exercise control over Corporate Air’s aircraft within the hangar. Mac’s employees did not do any maintenance work on Corporate Air’s aircraft. Maintenance on Corporate Air’s aircraft was done by its own employees. Corporate Air had possession and control of its aircraft within the hangar and moved its aircraft in and out of the hangar at its own will.

On November 27,1968, Mac caused a notice to quit to be served on Corporate Air. On January 6,1969, Mac instituted a summary process action against Corporate Air affecting the same hangar space as is involved in the instant action. The prior action was tried before the court on February 7 and 12, 1969. In the present action, the parties stipulated that the court could take judicial notice of the pleadings and finding in that prior case. In it, the defendant, Corporate Air, pleaded four special defenses. The first special defense read in part: “1. The leasehold agreement between the parties was entered into on or about September 1, 1968 and provided an oral lease through August 31, 1969. 2. Said oral lease provided for a monthly payment of $287 in consideration for the storage of two airplanes within the hangar . . . .” The second special defense read in part: “On December 10, 1968, the defendant [244]*244tendered rent in the amount of $287 for the month of December. Said tender was made by check, the funds of which were collected by the plaintiff on or about December 16, 1968.

Free access — add to your briefcase to read the full text and ask questions with AI

Mac-Aire Aviation Corp. v. Corporate Air, Inc., 270 A.2d 849, 6 Conn. Cir. Ct. 238, 1970 Conn. Cir. LEXIS 105 (Colo. Ct. App. 1970).

270 A.2d 849 (Mac-Aire Aviation Corp. v. Corporate Air, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

MARTIN, LUCAS & CHIOFFI, LLP v. Bank of America
714 F. Supp. 2d 303 (D. Connecticut, 2010)
Kredi v. Benson
473 A.2d 333 (Connecticut Appellate Court, 1984)
Urban v. Prims
406 A.2d 11 (Connecticut Superior Court, 1979)
National Car Rental System, Inc. v. City of Pensacola
342 So. 2d 1028 (District Court of Appeal of Florida, 1977)
Lissie v. Southern New England Telephone Co.
359 A.2d 187 (Connecticut Superior Court, 1976)
Niswonger v. American Aviation, Inc.
411 F. Supp. 763 (E.D. Tennessee, 1975)
Continental Bus System, Inc. v. City of Dallas
386 F. Supp. 359 (N.D. Texas, 1974)
The PEOPLE v. Diaz
275 N.E.2d 210 (Appellate Court of Illinois, 1971)