American Can Co. v. Orange Pulp Co.
| Decision Date | 17 April 1962 |
| Citation | 149 Conn. 417,180 A.2d 628 |
| Court | Connecticut Supreme Court |
| Parties | AMERICAN CAN COMPANY v. ORANGE PULP COMPANY, Inc. Supreme Court of Errors of Connecticut |
James J. A. Daly and Daniel E. Brennan, Jr., Bridgeport, with whom, on the brief, was Thomas F. Seymour, Bridgeport, for appellant (defendant).
Frank E. Callahan, New Haven, with whom was Robert F. Cavanagh, New Haven, for appellee (plaintiff).
Before BALDWIN, C. J., and KING, MURPHY, SHEA and ALCORN, JJ.
The plaintiff brought this action to recover the balance of the purchase price of cans sold to the defendant. The defendant alleged, in a special defense, the plaintiff's breach of an agreement to supply cans of the sizes agreed on and in the time specified. The defendant also filed a counterclaim for damages for breach of the claimed agreement. The parties stipulated at the trial that, if the defense pleaded was insufficient, judgment might be rendered for the plaintiff for the unpaid balance of $3150.72 claimed to be due it. The efficacy of this defense presents, therefore, the sole issue in this case and on this appeal. A second special defense was abandoned. The court rendered judgment for the plaintiff on the complaint and on the counterclaim. The defendant has appealed.
The first assignment of error concerns the court's refusal to find eleven paragraphs of subordinate facts. The claim is that these facts were admitted or undisputed. The defendant has filed no appendix to its brief to support this claim. Practice Book § 447. None of the facts sought to be added are admitted in the pleadings. We cannot resort to the contents of the exhibits, beyond the portions expressly found, since they are not a part of the record. Goldblatt v. Ferrigno, 138 Conn. 39, 41, 82 A.2d 152. In the absence of support from any source, no corrections can be made in the finding.
The court found that the plaintiff manufactures cans, sells canning machinery and related equipment and furnishes technical assistance and services to packers. The defendant was engaged in bottling fruit concentrates. In 1952, the defendant's president learned of a frozen orange concentrate which was being marketed in cans manufactured by the plaintiff and bearing lithographed labels stating the contents of each can to be twenty-eight fluid ounces. That concentrate differed from the defendant's product in that it requires water to be added in the ratio of three and one-half to one, whereas the defendant's concentrate requires water to be added in the ratio of five to one. In the fall of 1952, the defendant's president told the plaintiff's representative that he wanted cans of the same type as those containing the concentrate which he had seen. He stated that he planned to 'pack orangeade hot.' This is a process in which the product, after being heated to 190 degrees Fahrenheit, is hermetically sealed and does not require freezing for safe storage. Due to a shortage, the plaintiff was not able to supply these cans to the defendant in 1952, but in 1952, indicated that they were available. During 1953, at the defendant's request, the plaintiff made test packs of the defendant's product using a 'hot fill' and also a 'cold fill' method, the latter method being a process in which the product was canned at room temperature but, in the case of defendant's product, required, to insure safe storage at room temperature, an increased sugar concentration which made it unpalatable. In October, 1953, the plaintiff sent the defendant a proposed label design for the can which, it stated, was based on the use of a hot or cold fill process but which would not be applicable if the product was marketed in a frozen state. In November, 1953, the defendant notified the plaintiff that the solution of its problem was to 'freeze my package.' An entirely new canning operation was required in the defendant's plant to freeze its product in cans, in contrast with its former process of bottling the product in glass.
By 1956, the defendant had decided to locate its canning operation in Bridgeport, and the plaintiff's equipment engineer came there to plan a layout for the operation, to advise concerning the purchase of equipment, and to provide technical assistance in its installation. The defendant had purchased a closing machine for six-ounce and twenty-eight ounce cans which affixes the top and seals the can as the final steps in the canning operation. In March, 1956, the defendant obtained sample cans from the plaintiff which were used, unsealed, in taste tests. In April, 1956, the plaintiff informed the defendant that, to allow for expansion due to freezing, the filler machine must be set to fill the cans to a height which would leave a headspace of about three-eighths to one-half...
To continue reading
Request your trial
-
Sarner v. Fox Hill, Inc.
...represented reasonable compensation. But the memorandum of decision cannot replace or supplement the finding. American Can Co. v. Orange Pulp Co., 149 Conn. 417, 422, 180 A.2d 628; Stults v. Palmer, 141 Conn. 709, 711, 109 A.2d 592. The fact remains that there is no support in the finding f......
-
Rybinski v. STATE EMPLOYEES'RETIREMENT COMMISSION
...documents or exhibits which are not part of the record. See Gould v. Gould, 164 Conn. 387, 389, 321 A.2d 443; American Can Co. v. Orange Pulp Co., 149 Conn. 417, 418, 180 A.2d 628. The court's conclusions pertain only to the issue of the UAPA's applicability to the matter in question. Accor......
-
Accurate Forging Corp. v. UAW Local No. 1017
...or exhibits which are not part of the record. See Gould v. Gould, 164 Conn. 387, 389, 321 A.2d 443 [1973]; American Can Co. v. Orange Pulp Co., 149 Conn. 417, 418, 180 A.2d 628 [1962]." Rybinski v. State Employees' Retirement Commission, 173 Conn. 462, 465, 378 A.2d 547 (1977). Furthermore,......
-
State v. DeJesus
...or exhibits which are not part of the record. See Gould v. Gould, 164 Conn. 387, 389, 321 A.2d 443 [1973]; American Can Co. v. Orange Pulp Co., 149 Conn. 417, 418, 180 A.2d 628 [1962].' Rybinski v. State Employees' Retirement Commission, 173 Conn. 462, 465, 378 A.2d 547 (1977)." Accurate Fo......