Mansour v. Clark
Mansour v. Clark
Opinion of the Court
The complaint alleges that on December 16, 1966, the plaintiff and the defendant entered into an agreement for the purchase and sale of land; that thereafter the defendant acquired and now owns in fee the land described in the contract; and that on March 16, 1967, the plaintiff tendered payment and demanded conveyance, which was refused. It is also alleged that the plaintiff is still ready, able and willing to pay the amount agreed upon. He requests a decree compelling conveyance and a judgment for damages. The contract relied on is annexed to the complaint and consists of a letter.
The demurrer was sustained. “The defense of the Statute of Frauds may he raised properly by demurrer, and if the demurrer is correctly sustained a
The terms of the letter relied on by the plaintiff as the contract sought to be enforced are uncertain and indefinite in the essentials necessary to satisfy the statute. The precise area of land is not ascertained. Garre v. Geryk, 145 Conn. 669, 673. Not only was there lacking any reasonably accurate description of the premises the parties may have intended as the subject of conveyance but the portion of the property to be deeded and the purchase price were deliberately left for future determination. The alleged agreement failed to meet the requirements of § 52-550 and was unenforceable. See such cases as Marsico v. Kessler, 149 Conn. 236, 238; Sanitoro v. Mack, 108 Conn. 683, 689, 690; Gendelman v. Mongillo, 96 Conn. 541, 550; McMahon v. Plumb, 88 Conn. 547, 551.
We conclude that the first of the two assignments of error, attacking the ruling of the trial court on the demurrer, is without merit. Thus, it becomes unnecessary to discuss the other deficiencies claimed in the demurrer. Garre v. Geryk, supra, 674.
On November 20, 1.967, the court heard the plaintiff’s motion to withdraw his action. The court denied the motion on the ground that there was no question of jurisdiction involved and, since the case had gone to judgment, the plaintiff was without power to withdraw the action. The ruling of the court was correct. The effective date of the judgment was the date of the memorandum of decision on the demurrer, September 25, 1967. “Ordinarily a memorandum of decision is the judgment of the court and the subsequent clerical action in writing out the judgment-file, no matter how long it may be postponed, will relate back to the time that memorandum was filed.” Goldberg v. Krayeske, 102 Conn. 137, 143. “In fact, the judgment was for failure to plead after the demurrer was sustained. Since the decision on the demurrer determined that no right of action existed, the judgment Avas as final and complete as a judgment following a trial on the merits. Brennan v. Berlin Iron Bridge Co., 71 Conn. 479, 490 .... On the facts of this case, the judgment is to be given the same effect as a judgment on the merits. . . . [The special finding] does
There is no error.
In this opinion Dearington and Jacobs, Js., concurred.
“December 16, 1966
Mr. Michael A. Mansour
26 Sunset Road
Darien, Connecticut
Dear Mr. Mansour:
As you know, I am hopeful of receiving in the near future a deed from Frank M. Bosworth, Jr. conveying the premises shown on the*441 map made by Henry F. Henrici dated October 18, 1966 and having a total area of 0.911 acre.
Pursuant to our previous conversations, I agree to convey to you that portion of said premises as lies generally southerly and westerly of your property. The exact dividing line between the portion I will convey to you and the portion I will retain shall be mutually determined and the necessary deed delivered to you as soon as the location of the paddle tennis court which I jjropose to construct upon my portion has been fixed.
Upon delivery of the deed to you, you will pay me that portion of the price which I pay Mr. Boswortll that is in the same proportion as the land conveyed to you is to the entire premises conveyed to me.
Very truly yours,
Bobert O. Clark
accepted :
Michael A. Mansour
Case-law data current through December 31, 2025. Source: CourtListener bulk data.