Dorfman v. Martin & Crawford Motor Co., Inc.
| Decision Date | 05 March 1927 |
| Citation | 105 Conn. 774,136 A. 565 |
| Parties | DORFMAN v. MARTIN & CRAWFORD MOTOR CO., INC. |
| Court | Connecticut Supreme Court |
Appeal from District Court of Waterbury; Harry J. Beardsley, Judge.
Action for damages for breach of contract brought by Paul B. Dorfman against The Martin & Crawford Motor Company, Incorporated. Verdict for defendant was set aside on plaintiff's motion, and defendant appeals. No error.
Michael V. Blansfield, of Waterbury, for appellant.
Herman J. Weisman, of Waterbury, for appellee.
Argued before WHEELER, C.J., and MALTBIE, HAINES, HINMAN, and WOLFE, JJ.
The plaintiff charges, in effect, breach of contract, and the defendant, by counterclaim, does likewise. All the issues were submitted to the jury, and the following verdict was returned and accepted by the court: " In this case the jury finds the issues for the defendant, and therefore find the defendant."
This verdict was incomplete. One of the issues was the amount of the damages, and the question was not answered by the jury. The court should not have accepted the verdict in that form, but should have returned the jury for the decision of this issue. The verdict as rendered would not support a judgment, and, upon motion, should have been set aside for that reason. Smith v. Raymond, 1 Day, 189; Pettibone v. Gozzard, 2 Root, 254; Day v. Webb, 28 Conn. 140, 143. The action of the trial court in setting aside the verdict, though placed upon a wrong ground, will not be disturbed when the verdict should have been set aside upon another ground. Fitch v. City of Hartford, 92 Conn. 365, 367, 102 A. 768.
There is no error.
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...unintelligible and incapable of supporting a judgment. Clark v. Shaw, 143 Conn. 114, 117, 119 A.2d 912; Dorfman v. Martin & Crawford Motor Co., 105 Conn. 774, 136 A. 565; Day v. Webb, 28 Conn. 140, 145; Smith v. Raymond, 1 Day 189, 192; see Potter v. Hiscox, 30 Conn. 508, 519. If the two fo......
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...That is, we can sustain a right decision though it was placed on a wrong ground. Conn.App.Proc. § 18, p. 27; Dorfman v. Martin & Crawford Motor Co., Inc., 105 Conn. 774, 136 A. 565; Hickey v. Slattery, 103 Conn. 716, 718, 131 A. 558. Accordingly, we consider this claim of the defendant. The......
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