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Walpole Woodworkers, Inc. v. Manning
State: Connecticut
Court: Court of Appeals
Docket No: AC31447
Case Date: 01/18/2011
Preview:****************************************************** The ``officially released'' date that appears near the beginning of each opinion is the date the opinion will be published in the Connecticut Law Journal or the date it was released as a slip opinion. The operative date for the beginning of all time periods for filing postopinion motions and petitions for certification is the ``officially released'' date appearing in the opinion. In no event will any such motions be accepted before the ``officially released'' date. All opinions are subject to modification and technical correction prior to official publication in the Connecticut Reports and Connecticut Appellate Reports. In the event of discrepancies between the electronic version of an opinion and the print version appearing in the Connecticut Law Journal and subsequently in the Connecticut Reports or Connecticut Appellate Reports, the latest print version is to be considered authoritative. The syllabus and procedural history accompanying the opinion as it appears on the Commission on Official Legal Publications Electronic Bulletin Board Service and in the Connecticut Law Journal and bound volumes of official reports are copyrighted by the Secretary of the State, State of Connecticut, and may not be reproduced and distributed without the express written permission of the Commission on Official Legal Publications, Judicial Branch, State of Connecticut. ******************************************************

WALPOLE WOODWORKERS, INC. v. SID MANNING (AC 31447)
DiPentima, C. J., and Alvord and Dupont, Js. Argued September 22, 2010--officially released January 18, 2011

(Appeal from Superior Court, judicial district of Hartford, Elgo, J.) David L. Gussak, for the appellant (defendant). Brent M. Stratton, for the appellee (plaintiff).

Opinion

DUPONT, J. The defendant, Sid Manning, appeals from the judgment of the trial court in favor of the plaintiff, Walpole Woodworkers, Inc., in this action for the balance due on a contract to install a fence at the defendant's residence. On appeal, the defendant claims that the trial court improperly concluded that (1) the defendant's conduct amounted to bad faith, (2) the plaintiff was entitled to full recovery under the parties' contract, including interest, attorney's fees and costs, and (3) the defendant's attempt to rescind the contract and his demand for recoupment of sums paid to the plaintiff were unavailing.1 The primary issue to be resolved is whether the plaintiff is entitled to recover, pursuant to the contract, interest, attorney's fees and costs, despite the court's finding that the plaintiff violated some provisions of the Home Improvement Act (act), General Statutes (Rev. to 2003)
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