Opinion
(9453)
Argued June 6, 1991
Decision released July 16, 1991
Action for, inter alia, specific performance of an agreement for construction on and sale of certain of the defendants' real property, and for other relief, brought to the Superior Court in the judicial district of Hartford-New Britain at Hartford and tried to the court, M. Hennessey, J.; judgment in part for the plaintiff against the named defendant only, from which the named defendant appealed to this court. Affirmed.
Christina M. Storm, with whom was Thomas A. Rouse, for the appellant (named defendant).
Homer G. Scoville, for the appellee (plaintiff).
The named defendant appeals from a judgment in favor of the plaintiff following a trial to the court The genesis of the case was a contract that required the defendants to build and convey a single-family house to the plaintiff. The sale did not take place and the trial court awarded the plaintiff $47,100 for breach of contract.
All of the issues raised by the named defendant on appeal concern the court's factual findings. A review of the record discloses that the conclusions of the trial court were based on facts supported by the evidence and were legally and logically correct. The disputed issues of fact were within the sole province of the trial court to determine. This court cannot retry the case. Kimberly-Clark Corporation v. Dubno, 204 Conn. 137, 153, 527 A.2d 679 (1987).