Westerly Ready-Mixed Concrete Co. v. Stern

490 A.2d 527, 3 Conn. App. 530, 1985 Conn. App. LEXIS 932
Connecticut Appellate Court·Decided April 16, 1985·No. 2128·Published

Opinion

Per Curiam.

In rendering its judgment for the plaintiff, the trial court erred in its refusal to consider the matter raised in the defendant’s1 notice of defense and evidence relating thereto which had been introduced by the defendant, without objection by the plaintiff, during a hearing in damages. See Practice Book §§ 365 [531] through 374; Bonner v. American Financial Marketing Corporation, 181 Conn. 57, 434 A.2d 323 (1980).

There is error, the judgment is set aside and a new hearing in damages is ordered.

Footnotes

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Westerly Ready-Mixed Concrete Co. v. Stern, 490 A.2d 527, 3 Conn. App. 530, 1985 Conn. App. LEXIS 932 (Colo. Ct. App. 1985).

490 A.2d 527 (Westerly Ready-Mixed Concrete Co. v. Stern) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Bonner v. American Financial Marketing Corporation
434 A.2d 323 (Supreme Court of Connecticut, 1980)