Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

PARKVIEW PAVING COMPANY, INC. v. CITY OF NEW HAVEN ET AL.

PER CURIAM.

The plaintiff challenges a judgment rendered by the trial court in a breach of contract action brought by the plaintiff. The trial court found that the plaintiff, and not the defendant, breached the landscaping contract and that the plaintiff could not recover the value of materials and services allegedly provided. We find no error.

"An appellate court may not retry facts and its duty upon review of such a claim is limited to a determination of whether the trial court's judgment was clearly erroneous in this respect or otherwise contrary to law. Practice Book 4061; Damora v. Christ-Janer, 184 Conn. 109, 113, 441 A.2d 61 (1981); Ram Roofing Sheet Metal Co. v. A.B.C. Plumbing Heating, Inc., 2 Conn. App. 54, 56, 475 A.2d 341 (1984). It is the province of the trial court to pass upon the credibility of witnesses and the weight to be accorded the evidence. Edgewood Construction Co. v. West Haven Redevelopment Agency, 170 Conn. 271, 272, 365 A.2d 819(1976); Essex Savings Bank v. Leeker, 2 Conn. App. 98, 102, 476 A.2d 1071 (1984). This court cannot find facts or draw conclusions from primary facts found, but can only review such findings to determine whether they could legally, logically and reasonably be found and whether the trial court could thereby conclude as it did. Appliances, Inc. v. Yost, 186 Conn. 673, 676-77, 443 A.2d 486 (1982); Hallmark of Farmington v. Roy, 1 Conn. App. 278, 280-81, 471 A.2d 651 (1984)." Nulman's Appeal from Probate, 13 Conn. App. 811, 812-13, 527 A.2d 731 (1988).

After review of the record and arguments presented in this appeal, it is clear that the court did not err in concluding that the plaintiff breached the contract. The factual findings of the court are fully supported by the evidence and are legally correct.

Use AI to get other relevant cases.

Comments

PARKVIEW PAVING CO., INC. v. NEW HAVEN
(Mar 8, 1988)