International Tool & Gauge Co. v. Borg

16 Citing cases

  1. Getty Refining Marketing Co. v. Zwiebel

    604 F. Supp. 774 (D. Conn. 1985)   Cited 6 times
    Finding notice of exercise of option to purchase was effective upon dispatch where lease provided that notice "shall be deemed to be duly given if forwarded [which the court found to mean send] by either party, by registered mail, to the other party at such party's address. . . ."

    What constitutes a reasonable time is generally a question of fact for the jury. International Tool Gauge Co. v. Borg, 145 Conn. 644, 145 A.2d 750 (1958); Loomis v. Norman Printers Supply, 81 Conn. 343, 71 A. 358 (1908). However, the question need not be submitted to the trier of fact if there is only one conclusion which is reasonably possible.

  2. Lubas v. McCusker

    153 Conn. 250 (Conn. 1965)   Cited 34 times

    Of course the running of the Statute of Limitations applicable to an action such as this (General Statutes 52-584) was suspended from the date of the decedent's death until the appointment of the administrator. Mason's Appeal, 75 Conn. 406, 409, 53 A. 895; International Tool Gauge Co. v. Borg, 145 Conn. 644, 645, 145 A.2d 750; see also General Statutes 45-210. And even when applicable, such a statute of limitations must be pleaded in a special defense.

  3. Parkway Trailer Sales v. Wooldridge Bros., Inc.

    148 Conn. 21 (Conn. 1960)   Cited 34 times
    Holding that where option agreement "was silent as to the manner in which the option was to be exercised," notice of acceptance was sufficient to exercise option

    What is a reasonable length of time is ordinarily a question of fact for the trier. International Tool Gauge Co. v. Borg, 145 Conn. 644, 648, 145 A.2d 750; Loomis v. Norman Printers Supply Co., 81 Conn. 343, 347, 71 A. 358. Considering the delays which ensued because of the defendants' attitude and the need for a survey and title search, we cannot say that the conclusion was unreasonable. As the defendants did not attempt to carry out their end of the contract, but rather attempted to discourage the plaintiff from purchasing, we have no reason to speculate upon the situation which might have eventuated had the defendants tendered a valid deed at the end of the period of the lease and demanded immediate payment.

  4. Martin v. Olson

    226 Conn. App. 392 (Conn. App. Ct. 2024)   Cited 1 times

    The court overruled the objection, stating that it understood the plaintiff’s objection to be that the return of claims did not provide a reason for denying the plaintiff’s claim. The court relied on International Tool & Gauge Co. v. Borg, 145 Conn. 644, 646, 145 A.2d 750 (1958), for the proposition that notice must be sufficiently unequivocal to place a claimant on notice that their claim has been denied.General Statutes § 45a-360 (b) provides: "A notice rejecting a claim in whole or in part shall state the reasons therefor, but such statement shall not bar the raising of additional defenses to such claim subsequently."

  5. Putnam Park Associates v. Fahnestock Co.

    73 Conn. App. 1 (Conn. App. Ct. 2002)   Cited 35 times
    Finding a course of performance based on years of interaction between the parties

    What is a reasonable length of time is ordinarily a question of fact for the trier. International Tool Gauge Co. v. Borg, 145 Conn. 644, 648, 145 A.2d 750; Loomis v. Norman Printers Supply Co., 81 Conn. 343, 347, 71 A. 358. Parkway Trailer Sales, Inc. v. Wooldridge Bros., Inc., 148 Conn. 21, 26, 166 A.2d 710 (1960). . . . Martin v. Martin's News Service, Inc., 9 Conn. App. 304, 308-309, 518 A.2d 951 (1986), cert. denied, 202 Conn. 807, 520 A.2d 1287 (1987)." (Internal quotation marks omitted.)

  6. Schlicher v. Schwartz

    58 Conn. App. 80 (Conn. App. Ct. 2000)   Cited 18 times

    What is a reasonable length of time is ordinarily a question of fact for the trier. International Tool Gauge Co. v. Borg, 145 Conn. 644, 648, 145 A.2d 750; Loomis v. Norman Printers Supply Co., 81 Conn. 343, 347, 71 A. 358. Parkway Trailer Sales, Inc. v. Wooldridge Bros., Inc., 148 Conn. 21, 26, 166 A.2d 710 (1960)." (Internal quotation marks omitted.)

  7. Colby v. Burnham

    627 A.2d 457 (Conn. App. Ct. 1993)   Cited 25 times

    `What is a reasonable length of time is ordinarily a question of fact for the trier. International Tool Gauge Co. v. Borg, 145 Conn. 644, 648, 145 A.2d 750; Loomis v. Norman Printers Supply Co., 81 Conn. 343, 347, 71 A.2d 358.' Parkway Trailer Sales, Inc. v. Wooldridge Bros., Inc., 148 Conn. 21, 26, 166 A.2d 710 (1960)." Martin v. Martin's News Service, Inc., 9 Conn. App. 304, 308-309, 518 A.2d 951 (1986), cert. denied, 202 Conn. 807, 520 A.2d 1287 (1987).

  8. Martin v. Martin's News Service, Inc.

    518 A.2d 951 (Conn. App. Ct. 1986)   Cited 19 times

    What is a reasonable length of time is ordinarily a question of fact for the trier. International Tool Gauge Co. v. Borg, 145 Conn. 644, 648, 145 A.2d 750; Loomis v. Norman Printers Supply Co., 81 Conn. 343, 347, 71 A. 358." Parkway Trailer Sales, Inc. v. Wooldridge Bros., Inc., 148 Conn. 21, 26, 166 A.2d 710 (1960).

  9. International Looms, Inc. v. Jono Textile Co.

    379 A.2d 3 (Conn. App. Ct. 1977)   Cited 3 times

    Retention of the goods, without that notice, for more than four years was unreasonable. See International Tool Gauge Co. v. Borg, 145 Conn. 644, 648. Such a retention of the goods converted the transaction from a consignment into a sale at the election of the consignor.

  10. Guaranty Bank Trust Co. v. Kaminsky

    33 Conn. Supp. 512 (Conn. App. Ct. 1976)   Cited 5 times
    In Guaranty Bank & Trust Co. v. Kaminsky, 33 Conn.Supp. 512, 356 A.2d 909 (1976), the plaintiff brought an action against the defendant executrix for money due on two promissory notes which had been denied by the defendant.

    That bar is positive. International Tool Gauge Co. v. Borg, 145 Conn. 644. The allegations in the complaint are fatal to the cause of action if the four-month provision is a condition precedent. If the four-month provision is to be considered as a statute of limitations, the complaint in the instant case is also demurrable. As a general rule, statutes of limitation should be specially pleaded as a defense.