19 Conn. App. 235 | Conn. App. Ct. | 1989
The plaintiff appeals from the judgment of the trial court denying its application to compel arbitration pursuant to General Statutes § 52-410. The trial court found the following facts. In August, 1977, the
The defendant also entered into an agreement for the management and operation of the cable system with Wildwood Cable Management Company, a wholly owned subsidiary of BFM. Both the construction and management contracts included provisions that prohibited the assignment of the rights under the contract without the consent of the other party. In addition, both contracts provided that the agreements were to be “interpreted and construed in accordance with the laws of Connecticut.” Notwithstanding those provisions, BFM assigned its rights and liabilities under both agreements to Phoenix Communications, Inc., which, on September 27,1979, assigned both contracts to the plaintiff, Acton CATV, Inc.
Disagreements arose between the plaintiff and the defendant concerning performance under the construction and management contracts, and, in 1985, the defendant commenced suit against the plaintiff in the circuit court for Sumter County, Florida, seeking specific performance and damages under the construction contract, and damages and other injunctive relief under the management contract.
“The authority for arbitration must be derived from the agreement of the parties. W. J. Megin, Inc. v. State, 181 Conn. 47, 49, 434 A.2d 306 (1980).” Oldread v. National Union Fire Ins. Co. of Pittsburgh, 5 Conn. App. 517, 519, 500 A.2d 956 (1985). In reviewing a party’s application to proceed with arbitration in connection with the agreement, the trial court’s authority is to grant or deny the applications “ ‘according to the rights of the parties.’ General Statutes § 52-410 (c).” Id., 520.
On appeal, “ ‘ “[w]e do not examine the record to determine whether the trier of fact could have reached a conclusion other than the one reached. Rather, we focus on the conclusion of the trial court, as well as the method by which it arrived at that conclusion, to deter
We also are persuaded that, on the evidence before it, the trial court did not err in determining that the defendant had not acknowledged or consented to the assignment by initiating suit against Acton in Florida. In the pleadings of the pending Florida litigation, each party has made affirmative allegations regarding the construction and management contracts on which they bear the burden of proof.
There is no error.
In this opinion the other judges concurred.
After the initiation of the Florida litigation, the plaintiff filed motions in Florida seeking to stay Wildwood’s suit against it and to compel arbi
In the Florida litigation, Wildwood Partners, Ltd., has sued Acton for specific performance, damages and injunctive relief under the same contracts that, in the present Connecticut action, they claim are invalid and therefore do not require it to arbitrate disputes. On the other hand, Acton alleges as an affirmative defense to the Florida complaint that the court should deny Wildwood any relief in connection with the construction agreement because there was no consideration for Acton’s assumption of the obligations under that contract. It is axiomatic that in the absence of consideration, there is no contract. State National Bank v. Dick, 164 Conn. 523, 529, 325 A.2d 235 (1973). Acton, however, now urges that Connecticut compel arbitration of disputes arising under both contracts, which they argue are valid and binding between the parties.