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Kearns v. Andree

Supreme Court of Errors of Connecticut
139 A. 695 (1928)


Facts

Joseph W. Andree (defendant) entered an oral agreement to purchase property from John T. Kearns (plaintiff). At the time, Kearns was constructing a home on the property. At Andree’s request, Kearns made certain alterations to the house. Andree ultimately refused to purchase the home. Kearns was able to sell the property after making further alterations at the purchaser’s request. Kearns brought suit seeking to recover his expenses for making the alterations requested by Andree and the purchaser, as well as the difference between the contract price and the price for which the house sold. The trial court found that the oral agreement was too indefinite to be enforceable, but allowed Kearns to recover the value of the alterations made for both Andree and the purchaser. Kearns appealed.

Rule of Law

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Issue

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Holding and Reasoning (Maltbie, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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