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eBook details

• Title: Cole v. Associated Construction Co.
• Author : Supreme Court of Connecticut
• Release Date : January 02, 1954
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 61 KB

Description

The plaintiffs, Mary Cole and Morton E.
Cole, brought this action against the named
defendant and Angelo J. Giardini and Sydney R.
Pomer. In the complaint it is alleged that Giardini
is a large stockholder and president of the named
defendant, hereinafter called the contractor, and
that Pomer is treasurer and also a large stockholder.
The contractor filed a plea in abatement in which
it was alleged that "at the commencement of this
action, there was and now is another action pending
[141 Conn. 51]
in the Superior Court in and for the County of
Hartford between the same parties as the parties
to this action and for the same cause as that set
forth in said complaint." This was denied by the
plaintiffs, hereinafter called the owners, in
their answer. The trial court found the issues for
the contractor, and it was adjudged that the
action abate and be dismissed as against it. In
their assignment of errors the owners claim that
the court erred in failing to make a special
finding of facts, as requested by them, until
after the time to appeal had expired. They also
claim that the court erred in refusing to grant
their motion for an extension of time to file
and perfect their appeal. Upon argument, however,
these claims were abandoned. The principal
question is whether the court erred in sustaining
the plea in abatement.

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