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STRIMISKA v. YATES

158 Conn. 179 (1969)

FRANK E. STRIMISKA v. JOSEPH F. YATES ET AL.

Supreme Court of Connecticut.

Decided April 15, 1969.

Attorney(s) appearing for the Case

Melvin J. Silverman, with whom, on the brief, was Max R. Lepofsky, for the appellant (defendant Kavanewsky).

Richard Greenwald, with whom, on the brief, was Frank W. Murphy, for the appellee (plaintiff).

KING, C. J., ALCORN, HOUSE, THIM and RYAN, JS.

THIM, J.

The defendant has appealed from a judgment which was rendered by a state referee and which awarded the plaintiff the entire unpaid balance of the contract price. Although the judgment was rendered against two defendants, only one defendant has taken this appeal. He claims that a material variance exists between the pleadings and the finding, that the finding fails to reveal the occurrence of a claimed condition...

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