Opinion
Argued June 7th, 1934
Decided July 16th, 1934.
ACTION to recover damages for an alleged conspiracy among the defendants in connection with curb and sidewalk work and the price paid the defendant Ryan therefor, brought to the Superior Court in Hartford County and tried to the court, Jennings, J.; judgment for the defendants and appeal by the plaintiff. No error.
William M. Harney, with whom was Norman Yellin, for the appellant (plaintiff). Edward J. Daly and Joseph P. Cooney, for the appellee (defendant Greene), D. P. O'Connor, for the appellees (defendants Hussey et al.), Reuben Sudarsky, for the appellee (defendant Baunstein; and James J. O'Connor, for the appellee (defendant Ryan) appeared, but at the direction of the court did not argue the cause.
Seven of the defendants constituted a building committee of the plaintiff district and the other defendant was a man with whom the committee made a contract to construct a sidewalk, curb and gutter along the school property. The claim of the plaintiff is that by fraud and conspiracy of the defendants the contractor received a much greater sum than should have been paid for the work he did. The plaintiff does not contend that any direct evidence of fraud or conspiracy was offered, but claims that it had proved the cause of action alleged by inferences to be drawn from the manner in which the committee was appointed and proceeded, and in which the contract was awarded and from the claimed excessive price paid the contractor. No substantial change can be made in the finding of the trial court and we cannot say that the only reasonable conclusion to be drawn from the facts was that the defendants conspired to defraud the plaintiff, or that any of them were guilty of fraud in connection with the making of the contract.