Summary
In Kennedy v. Burns, 84 W. Va. 701, 101 S.E. 156, this Court, speaking through Judge Williams, said: "* * * it is a well established principle of equity that, in order to entitle one to specific performance, all the material provisions of the contract must be distinctly and clearly proven.
Summary of this case from Napper v. RiceOpinion
(4698)
Argued November 12, 1986
Decision released December 9, 1986
Action to recover damages for injuries sustained as an alleged result of the defective condition of a state highway, brought to the Superior Court in the judicial district of Stamford-Norwalk, where the court, West, J., granted the defendant's motion to strike the plaintiff's complaint and rendered judgment for the defendant, from which the plaintiff appealed to this court. No error.
Kirk A. Bennett, for the appellant (plaintiff).
Molly S. LeVan, with whom, on the brief, was Linda D. D'Albis, for the appellee (defendant).
This case is controlled by Mascagna v. Derby, 123 Conn. 684, 194 A. 728 (1937), Marino v. East Haven, 120 Conn. 577, 182 A. 225 (1935), and Zotta v. Burns, 8 Conn. App. 169, 511 A.2d 373 (1986).