Opinion
Argued April 4, 1973
Decided April 4, 1973
Action to recover damages for breach of an oral agreement, brought to the Superior Court in New Haven County and referred to Hon. Patrick B. O'Sullivan, state referee, who, exercising the powers of that court, rendered judgment for the defendant, from which the plaintiffs appealed to this court. No error.
The appellants filed a motion for reargument which was denied.
Benjamin M. Chapnick, for the appellants (plaintiffs).
Milton L. Jacobson, with whom was Jackson T. King, Jr., for the appellee (defendant).
This action was predicated on an alleged oral agreement that the defendant would furnish work to be done by the plaintiffs. On the basis of the evidence, the court found that the defendant made no such agreement as that alleged in the complaint.
Basically, the court was faced with a question of credibility and the plaintiffs failed to establish the truth of their allegations. This court does not retry issues of fact.