Opinion
(9862)
Argued March 31, 1992
Decision released May 26, 1992
Action to recover damages for breach of a contract for the purchase and sale of certain real property, brought to the Superior Court in the judicial district of New Haven at Meriden, where the defendant filed a counterclaim; thereafter, the matter was tried to the jury before Burns, J.; verdict and judgment for the defendants on the complaint and for the plaintiff on the counterclaim, from which the plaintiff appealed and the defendants cross appealed to this court. Affirmed.
Vincent T. McManus, Jr., for the appellant-appellee (plaintiff).
David M. Reilly, for the appellees-appellants (defendants).
This was a breach of contract suit brought by the plaintiff builder against the defendant purchasers. Written interrogatories were submitted to the jury which found that the plaintiff had "not proven" that it was ready, willing and able to perform its obligations under the contract. This was a question of fact that was resolved against the plaintiff and is dispositive of the appeal.
Factual issues raised in the counterclaim were resolved against the defendants.