Opinion
(6063)
Submitted on briefs September 20, 1988
Decision released December 1, 1988
Action for specific performance of a contract for the sale of certain of the defendants' real property, brought to the Superior Court in the judicial district of New Haven and referred to Hon. Harold M. Mulvey, state trial referee; judgment awarding damages to the plaintiff, from which the plaintiff appealed to this court. No error.
John T. Walkley filed a brief for the appellant (plaintiff).
Alvin M. Murray filed a brief for the appellees (defendants).
The plaintiff sued the defendants, alleging three counts of breach of contract, one count of unjust enrichment, and one count of fraudulent conveyance. The defendants filed an answer and setoff. After a trial to the court, the court issued a brief oral memorandum of decision, and rendered judgment for the plaintiff in the amount of $84,627.48 less setoffs in the amounts of $17,320.02 and $25,000, for a judgment in favor of the plaintiff in the net amount of $42,307.46. The plaintiff did not seek from the court a further articulation of its decision.
The plaintiff appeals claiming ten grounds of error. Seven of the grounds, namely issues three through nine, either attack the factual findings of the court or claim that the findings go beyond the pleadings in the case. The findings are not clearly erroneous, and any variations between the findings and the pleadings were waived because no objection was made at trial. DiLieto v. Better Homes Insulation Co., 16 Conn. App. 100, 104-105, 546 A.2d 957 (1988).
The first two claims of error attack evidentiary rulings of the court that were clearly within its discretion. The final claim is that the court erred by not awarding prejudgment statutory interest to the plaintiff. Such interest is discretionary; Lauder v. Peck, 11 Conn. App. 161, 167-68, 526 A.2d 539 (1987); and the plaintiff has not established an abuse of the trial court's discretion.