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39 Conn. 170

Hart v. Elmer

Supreme Court of Connecticut

Decided February 15, 1872

Supreme Court of Connecticut · decided 1872-02-15

Bill in equity for the specific performance of an agreement to convey land; brought to the Court of Common Pleas, and .tried before Briscoe, J. The bill alleged that on the 16th of August, 1869, the respondent executed and delivered to the petitioner a deed of warranty of certain lands and tenements, of which the respondent then was, and for a long time before bad been, seized in fee, lying and being situate in the city of Hartford, and described- in said deed as follows, to…

Decided 1872-02-15

Butler, 0. J.

¶1This case comes before us on a motion for a new trial, founded on the supposed improper admission of evidence, and other errors • committed during the trial, and also on a motion in error containing many assignments of error, but relating principally to the insufficiency of the petition and errors in the decree.

¶2The questions raised and discussed are quite numerous, but as most of them depend upon the sufficiency of the bill to justify the proceedings and sustain the decree, and we are all satisfied that the bill is insufficient for either purpose, the questions will not be separately considered and decided. We think it sufficient to say that the allegations of the bill are not sufficient to justify the admission of the parol evidence received or the findings of the decree.

¶3A new trial must therefore be granted, the decree reversed, and the case remanded for further proceedings.

In this opinion the other judges concurred; except Carpenter, J., who 'was absent.
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