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Rossetti v. New Britain

163 Conn. 283 (1972)

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Rossetti v. New Britain

Supreme Court of Connecticut

163 Conn. 283 (1972)

Facts

The city of New Britain (defendant), Connecticut, entered into a contract with the architectural firm of Rosetti, DiCorcia and Mileto to develop plans for a new police station and courthouse. One of the firm’s partners, Andrew Rosetti (plaintiff), was the lead architect on the project. Approximately six months later, another of the firm’s partners, Philip DiCorcia, left the firm. At this time, the firm had completed 30 percent of the blueprints for the project. Prior to DiCorcia leaving, Rosetti notified the chairman of New Britain’s building committee that the architectural firm was restructuring with Rosetti and William Mileto as the only partners. New Britain made no objection. New Britain did not pay Rosetti for the services his firm had completed, and ended its contract with Rosetti by hiring new architects. Rosetti sued New Britain for breach of contract, seeking payment for his firm’s services. A jury found that Rosetti was owed $12,300 for his firm’s services. New Britain appealed. On appeal, New Britain argued that its contract with Rosetti, DiCorcia, and Mileto was not assignable to Rosetti’s firm because it was a contract for personal services, making it impossible for the original partnership to perform on its contract with the city.

Rule of Law

Issue

Holding and Reasoning (Ryan, J.)

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