135 Conn. App. 329
Conn. App. Ct.2012Background
- Brothers Marcel and Robert St. Germain and their brother Paul owned 1048 West Main St., Waterbury; Paul transferred his interest to Marcel and Robert in 1990.
- In 1999, the parties orally agreed Marcel would quitclaim his interest to Robert, with Robert paying the stated consideration at Marcel’s retirement.
- On Nov. 12, 1999, Marcel executed a quitclaim deed conveying his interest to Robert for $29,243.47, which Marcel did not receive at that time.
- Marcel retired in Feb. 2005 and demanded the $29,243.47; Robert did not pay.
- May 10, 2007: a physical altercation occurred when Marcel went to Robert’s home to collect the money.
- On Oct. 9, 2007, Marcel filed suit for breach of contract; Robert asserted eight special defenses and eight-count counterclaim; trial court found for Marcel on contract and barred Robert’s statute of frauds defense via equitable estoppel.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Existence of contract between the parties | St. Germain existence of contract implied by part performance | No enforceable contract due to lack of formation | Contract impliedly existed; not clearly erroneous |
| Equitable estoppel vs. statute of frauds defense | Part performance bars fraud defense | Statute of frauds still applicable | Equitable estoppel applied; statute of frauds defeated |
| Counterclaims and unclean hands defenses | Credibility and conduct support dismissal | Counterclaims valid; unclean hands | Court's credibility finding upheld; counterclaims rejected |
Key Cases Cited
- Harley v. Indian Spring Land Co., 123 Conn.App. 800 (2010) (existence of contract requires meeting of minds; definite terms)
- Glazer v. Dress Barn, Inc., 274 Conn. 33 (2005) (part performance and estoppel to bar statute of frauds)
- Celentano v. Oaks Condominium Assn., 265 Conn. 579 (2003) (equitable estoppel elements; reliance and detriment)
- Sapper v. Sapper, 109 Conn.App. 99 (2008) (review of credibility determinations on appeal)
- Brennan Associates v. OBGYN Specialty Group, P.C., 127 Conn.App. 746 (2011) (standard of appellate review for trial court findings)