Supreme Court of Connecticut
592 A.2d 378 (Conn. 1991)
Paul L. Gould, Inc. (Gould) (defendant) contracted to build a house for P.A. Takis and Ourania Argentinis (Argentinis) (plaintiffs). As part of the final agreement, Argentinis executed a mortgage note, under which he would pay $43,000 of the purchase price. After Argentinis moved in to the house, he noticed that some of the construction was incomplete and that there were numerous defects in what was constructed. Argentinis brought suit for breach of contract. Gould countersued to foreclose the mortgage, claiming that Argentinis had defaulted by not paying. The trial court found in favor of Argentinis in both actions and awarded Argentinis $73,068.75, which was the cost of repairing the construction defects. The superior court and the appellate court affirmed. Gould appealed, arguing among other things, that the damages awarded to Argentinis should have been reduced by $43,000, the amount of the mortgage.
Rule of Law
Holding and Reasoning (Glass, J.)
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