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eBook details

• Title: Franchey v. Hannes
• Author : Supreme Court of Connecticut
• Release Date : January 09, 1965
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 55 KB

Description

The plaintiffs brought this action to
recover damages for the defendants' alleged
fraudulent misrepresentations in the sale of
a dwelling house and lot to the plaintiffs. At
the trial, the court first denied and later granted
the plaintiffs' motion to amend the complaint by
adding a second count claiming damages for
fraudulent nondisclosure. The allowance of this
amendment is assigned as one ground of error.
After allowing the amendment, the court reversed
an earlier ruling excluding testimony concerning
conversations which had occurred between the date
of the signing of the contract of sale and the
actual transfer of title. This action is assigned
as another ground of error. The defendants
objected that the amendment came too late and that
the evidence was inadmissible under either the
original complaint or the new second count because
conversations subsequent to the completed contract
of sale could not have induced the sale. It was
with, in the court's discretion to allow the
amendment. Practice Book 132; 134. There was no
error in the evidential ruling for reasons which
will later appear. The defendants make a wholesale attack on the
finding, which we have repeatedly discountenanced.
Adamsen v. Adamsen, 151 Conn. 172, 173,
195 A.2d 418. The finding is not subject to correction,
and, from it, the following appears: The
defendants had owned a house located on 1.05
acres of land since January, 1955. About
fifty feet northwest of the house was a
circular swimming pool, about twenty-two feet
in diameter, made of reinforced concrete. In
1956, the defendants constructed a macadam
driveway on the property. In July, 1957,
[152 Conn. 375]

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