Opinion
Argued October 10, 1979
Decision released October 23, 1979
Action to recover damages for breach of contract and for fraud, brought to the Superior Court in New Haven County and referred to Hon. John R. Thim, state referee; judgment for the plaintiff against the defendant Lad Construction Company, Inc., and judgment for the named defendant against the plaintiff, from which the plaintiff appealed to this court. No error.
David M. Reilly, Jr., for the appellant (plaintiff).
Joseph J. Sensale, for the appellee (named defendant).
This litigation concerns the familiar tripartite relationship of owner (the named defendant), general contractor, and subcontractor (the plaintiff). The legal implications of this relationship flow, as a mixed question of law and fact, from the language of the relevant contracts, and the conduct of the parties with reference thereto. On the facts before him, the state referee was not in error in concluding that there was neither a direct nor an indirect contractual relationship between the named defendant and the plaintiff. Nor was the referee in error in concluding that the plaintiff had not established claims in fraud.
Despite the plaintiff's extensive attack on the findings of fact, our review indicates that the findings are supported by the evidence before the referee.