Opinion
(4697)
Argued January 15, 1987
Decision released February 3, 1987
Action to recover damages for breach of contract, brought to the Superior Court in the judicial district of Hartford-New Britain at Hartford, where the defendant filed a counterclaim, and tried to the court, Satter, J.; judgment for the plaintiff on the complaint and on the counterclaim, from which the defendant appealed to this court. No error.
Michael A. Zizka, with whom was Dina Plapler, for the appellant (defendant).
John P. Talbot, for the appellee (plaintiff).
The defendant, Irish American Sports Foundation, appeals from a $3191.30 judgment for the plaintiff in a contract dispute. The trial court made detailed factual findings in an oral memorandum of decision. The court correctly applied pertinent contract law to the facts found. The court's judgment credited the testimony of the plaintiff and found in favor of it and adverse to the special defenses and counterclaim of the defendant. The defendant has shown no good reason as to why we should abandon the long standing and salutory rule of appellate practice that we do not retry the facts. Jones v. Litchfield, 1 Conn. App. 40, 42, 467 A.2d 936 (1983), cert. denied, 192 Conn. 802, 470 A.2d 1218 (1984).
The original defendant in this action was Daniel E. Doyle, Jr., Executive Director of the Irish American Sports Foundation under the Auspices of the Irish Basketball Association, Inc. (IASF). By agreement of the parties, the IASF was subsequently brought in as a defendant. The plaintiff later withdrew its claim against Doyle, leaving the IASF as sole defendant.