MacAlpine v. Holiday Homes Corp.

Connecticut Appellate Court

MacAlpine v. Holiday Homes Corp.

593 A.2d 168, 25 Conn. App. 812, 1991 Conn. App. LEXIS 252

CourtConnecticut Appellate Court

DecidedJuly 16, 1991

Docket9453

StatusPublished

This text of 593 A.2d 168 (MacAlpine v. Holiday Homes Corp.) is published on Counsel Stack Legal Research, covering Connecticut Appellate Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

MacAlpine v. Holiday Homes Corp., 593 A.2d 168, 25 Conn. App. 812, 1991 Conn. App. LEXIS 252 (Colo. Ct. App. 1991).

Pincite

Opinion

Per Curiam.

The named defendant appeals from a judgment in favor of the plaintiff following a trial to the court. The genesis of the case was a contract that required the defendants to build and convey a single-family house to the plaintiff. The sale did not take place and the trial court awarded the plaintiff $47,100 for breach of contract.

All of the issues raised by the named defendant on appeal concern the court’s factual findings. A review of the record discloses that the conclusions of the trial court were based on facts supported by the evidence and were legally and logically correct. The disputed issues of fact were within the sole province of the trial court to determine. This court cannot retry the case. Kimberly-Clark Corporation v. Dubno, 204 Conn. 137, 153, 527 A.2d 679 (1987).

The judgment is affirmed.

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Per Curiam.

The named defendant appeals from a judgment in favor of the plaintiff following a trial to the court. The genesis of the case was a contract that required the defendants to build and convey a single-family house to the plaintiff. The sale did not take place and the trial court awarded the plaintiff $47,100 for breach of contract.

All of the issues raised by the named defendant on appeal concern the court’s factual findings. A review of the record discloses that the conclusions of the trial court were based on facts supported by the evidence and were legally and logically correct. The disputed issues of fact were within the sole province of the trial court to determine. This court cannot retry the case. Kimberly-Clark Corporation v. Dubno, 204 Conn. 137, 153, 527 A.2d 679 (1987).

The judgment is affirmed.

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Bluebook (online)

593 A.2d 168, 25 Conn. App. 812, 1991 Conn. App. LEXIS 252, Counsel Stack Legal Research, https://law.counselstack.com/opinion/macalpine-v-holiday-homes-corp-connappct-1991.

Opinion

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