Didriksen v. Havens

21 Citing cases

  1. Tinaco Plaza, LLC v. Freebob's, Inc.

    74 Conn. App. 760 (Conn. App. Ct. 2003)   Cited 32 times

    The rule has been cited in our case law for more than eighty years. See, e.g., Didriksen v. Havens, 136 Conn. 41, 44-45, 68 A.2d 163 (1949); Blanck v. Kimland Realty Co., 122 Conn. 317, 318-19, 189 A. 176 (1937); Johnson v. Mary Oliver Candy Shops, Inc., 116 Conn., 86, 89, 163 A. 606 (1933); W.G. Maltby, Inc. v. Associated Realty Co., 114 Conn. 283, 288-89, 158 A. 548 (1932); Freiheit v. Broch, 98 Conn. 166, 171, 118 A. 828 (1922); City Coal Co. v. Marcus, 95 Conn. 454, 111 A. 857 (1920); David A. Altschuler Trust v. Blanchette, 33 Conn. App. 570, 572, 636 A.2d 1381, cert. denied, 229 Conn. 906, 640 A.2d 117 (1994); Seven Fifty Main Street Associates Ltd. Partnership v. Spector, 5 Conn. App. 170, 171-72, 497 A.2d 96, cert. dismissed, 197 Conn. 815, 499 A.2d 804 (1985). On the basis of our plenary review of the amended complaint, answer and special defenses, the lease and its amendment, and documents and affidavits submitted with respect to the summary judgment motion, we agree with the court that the defendant had no right of possession in the premises at the time the notice to quit was served.

  2. Peter-Michael, Inc. v. Sea Shell Associates

    244 Conn. 269 (Conn. 1998)   Cited 967 times
    Holding that holdover plaintiff's allegations that defendants failed to provide it with a right of first refusal contained in the lease states a legally sufficient cause of action

    '" Ardito v. Howell, supra, 471. "Intent is a question of fact." Costello v. Costello, 139 Conn. 690, 695, 96 A.2d 755 (1953); see Didriksen v. Havens, 136 Conn. 41, 48, 68 A.2d 163 (1949). "[I]ntention is to be determined from the language used, the circumstances, the motives of the parties and the purposes which they sought to accomplish.

  3. Heyman v. CBS, Inc.

    178 Conn. 215 (Conn. 1979)   Cited 95 times
    In Heyman, the defendant exercised its option to purchase the subject property and the plaintiffs refused to convey, arguing that the option clause was unenforceable because of the statute of frauds.

    It is important to place this argument into context. The statute of frauds applies, of course, to contracts concerning real property and a fortiori to options to purchase real property. Pigeon v. Hatheway, 156 Conn. 175, 181, 239 A.2d 523 (1968); Didriksen v. Havens, 136 Conn. 41, 46, 68 A.2d 163 (1949). The statute requires such contracts, in the absence of extenuating circumstances such as part performance or reliance, to be memorialized by an adequate written memorandum.

  4. Sisco v. Rotenberg

    104 So. 2d 365 (Fla. 1958)   Cited 34 times
    Stating that "the distinction between [extension and renewal] when used in leases is too refined and theoretical to be real, as a matter of law, in practical affairs"

    The federal court in Moiger v. Johnson, 1950, 86 U.S.App.D.C. 219, 180 F.2d 777 held that the effect of an extension of a lease was to extend or continue all terms of the lease, including an option to purchase. The lease in Didriksen v. Havens, 1949, 136 Conn. 41, 68 A.2d 163, contained an option to renew for one year, at the same terms and conditions, together with an option to purchase. The court found that the plaintiff had made repairs and improvements in reliance upon the option to purchase and said the effect in law of the extension was to carry the option forward.

  5. Sturman v. Socha

    191 Conn. 1 (Conn. 1983)   Cited 262 times
    Recognizing that misleading nature of terms "has resulted in a blurring of the distinction typically drawn between them"

    In situations where the parties have their agreement in writing, "their intention is to be determined from its language and not on the basis of any intention either may have secretly entertained." Robert Lawrence Associates, Inc. v. Del Vecchio, 178 Conn. 1, 14, 420 A.2d 1142 (1979), quoting Didriksen v. Havens, 136 Conn. 41, 48, 68 A.2d 163 (1949). In interpreting contract terms, we have repeatedly stated that the intent of the parties is to be ascertained by a fair and reasonable construction of the written words and that the language used must be accorded its common, natural, and ordinary meaning and usage where it can be sensibly applied to the subject matter of the contract. Marcus v. Marcus, 175 Conn. 138, 141-42, 394 A.2d 727 (1978).

  6. Robert Lawrence Associates, Inc. v. Del Vecchio

    178 Conn. 1 (Conn. 1979)   Cited 114 times

    The "essentials of the agreement must be determined from the memorandum itself or `by a reference contained therein to some other writing or thing certain.'" Didriksen v. Havens, 136 Conn. 41, 47, 48, 68 A.2d 163. The contract in the present case satisfied the requisite elements of the Statute of Frauds. B

  7. Pigeon v. Hatheway

    156 Conn. 175 (Conn. 1968)   Cited 42 times

    The principal issue in this appeal is whether the exception of the premises described as the "house lot" is so indefinite as to make the entire description of the land in the option to purchase indefinite. The option to purchase relates to an interest in land and is subject to the Statute of Frauds. Didriksen v. Havens, 136 Conn. 41, 46, 68 A.2d 163. Under our statute, the option "must state the contract between the parties with such certainty that the essentials of the contract can be determined from the memorandum itself without the aid of parol proof, either by direct statement or by reference therein to some other writing or thing certain; and these essentials must at least consist of the subject of the sale, the terms of it and the parties to it, so as to furnish evidence of a complete agreement." Santoro v. Mack, 108 Conn. 683, 687, 145 A. 273; Marsico v. Kessler, 149 Conn. 236, 237, 178 A.2d 154; Montanaro v. Pandolfini, 148 Conn. 153, 157, 168 A.2d 550; Garre v. Geryk, 145 Conn. 669, 672, 145 A.2d 829. The description of land contained in a contract of sale or any option to purchase is sufficiently definite to satisfy the requirements of the Statute of Frauds "whenever it is reasonably certain from the contract itself, or can be made certain through reference to record, contract, map or fact, by resort to extraneous evid

  8. Hess v. Dumouchel

    154 Conn. 343 (Conn. 1966)   Cited 111 times
    In Hess v. Dumouchell Paper Co., 154 Conn. 343 (1966), the court states, referring to Straus, "It is clear, however, that the modern approach to the doctrine has shed its reliance on this conceptualization. "

    The written agreement of October 3, 1949, was an extension of the original lease and modified it to the extent already stated above. Didriksen v. Havens, 136 Conn. 41, 45, 68 A.2d 163. The contractual relationship between the parties establishes the liability for rent. Chapel-High Corporation v. Cavallaro, 141 Conn. 407, 412, 106 A.2d 720. It is fundamental that a written lease may be supplemented by a later oral one. Baier v. Smith, 120 Conn. 568, 571, 181 A. 618; Bartlett v. Stanchfield, 148 Mass. 394, 395, 19 N.E. 549. Whether the three later oral agreements took the place of any previous arrangements between the parties, as claimed by the defendant, may present an issue of fact or law depending on the circumstances of the case. Smith v. Miller, 79 Conn. 624, 626, 66 A. 172. Under the situation before the court, confronted with oral undertakings, it was a matter of determining what took place when the oral agreements were entered into.

  9. Heinzeroth v. Bentz

    116 N.W.2d 611 (N.D. 1962)   Cited 12 times
    In Heinzeroth the issue was whether a deed signed by plaintiffs and delivered to an escrow agent was a sufficient memorandum of an oral contract to satisfy the Statute of Frauds.

    Where the consideration is stated in such a way that the amount can be determined, the agreement is not so uncertain as to consideration as to be unenforceable under the statute of frauds. In the case of Didricksen v. Havens, 136 Conn. 41, 68 A.2d 163, the consideration was stated as "Twelve Thousand Five Hundred ($12,500.) Dollars, * * * subject to an existing mortgage, * * *.

  10. Garre v. Geryk

    145 Conn. 669 (Conn. 1958)   Cited 18 times
    In Garre v. Geryk, 145 Conn. 669, 674, 145 A.2d 829 (1958), we stated that a basis for determining the total purchase price and the amount of the purchase money mortgage were essential terms for the validity of the contract.

    "[T]he essentials of the agreement must be determined from the memorandum itself or `by a reference contained therein to some other writing or thing certain.'" Didriksen v. Havens, 136 Conn. 41, 47, 68 A.2d 163; Santoro v. Mack, supra. The description stated in the agreement is "the property known as parcel #8 w/159 feet of frontage on Farmington Avenue, Bristol, Conn. comprising approximately 42.1 acres more or less."