The mission of the Connecticut Judicial Branch is to serve the interests of justice and the public by resolving matters brought before it in a fair, timely, efficient and open manner.

Contract Law Appellate Court Opinion

by Roy, Christopher


AC41486 - Northeast Builders Supply & Home Centers, LLC v. RMM Consulting, LLC ("On appeal, the defendants claim that the court improperly (1) granted the plaintiff's motion to strike four counts of their counterclaim on the ground that the counts were improperly joined because they failed the transaction test set forth in Practice Book ยง 10-10, and (2) rendered judgment in favor of the plaintiff on its complaint and on the sole remaining count of the counterclaim because the court (a) incorrectly determined that the plaintiff was the seller of the goods at issue, (b) wrongly concluded that the individual defendants, Jones and Morrill, were liable as buyers of the goods rather than as guarantors only, (c) failed to properly consider the defendants' defense of revocation of acceptance, (d) rendered judgment for the plaintiff despite having found that some of the goods at issue were defective and that the plaintiff had refused to remedy or replace them, and (e) incorrectly found that the plaintiff proved its damages to a reasonable degree of certainty. We conclude that the court properly granted the motion to strike, but that the form of the judgment rendered on the stricken counts of the counterclaim was incorrect, and, accordingly, we reverse the judgment on the stricken counts of the counterclaim and remand with direction to render a judgment of dismissal on those counts. We otherwise affirm the judgment of the court.")