1 Conn. Cir. Ct. 484 | Conn. App. Ct. | 1962
The plaintiff instituted this action to recover a broker’s commission, and the defendants filed a general denial. Error is assigned in the refusal of the court to correct the finding, and in the conclusions reached.
The following facts were found by the court: The plaintiff, a licensed real estate broker, through his agent, on September 15, 1961, communicated with the defendant Joyce Malavese in regard to the sale
The claimed error in the refusal of the court to correct the finding was not pursued in the plaintiff’s brief and requires no consideration. Klahr v. Kos-topoulos, 138 Conn. 653, 657.
The plaintiff claims that the conclusions of the trial court were not supported by the facts as set forth in the finding and corrected finding. Conclusions must be tested by the subordinate facts in the
A judgment rendered upon facts found will not be reversed or set aside unless some erroneous rule of law material to the case has been applied, or unless a conclusion has been reached, or an inference drawn, from a fact, many facts, or the facts found, which affects the judgment rendered in material degree and is legally or logically inconsistent with that or those facts, or is illogical or unsound, or so violative of the plain rules of reason, as to be unwarranted in law. Farkas v. Halliwell, 136 Conn. 440, 443.
As a general rule, where several instruments are made as part of one transaction, they will be read together, and each will be construed with reference to the others. 17 C. J.S., Contracts, § 298; 4 Willis-ton, Contracts (3d Ed.) p. 904. Thus considered, the contract contains an ambiguity as to whether it is a contract of exclusive sale or exclusive agency. “ ‘If there be doubt as to the true meaning of a written contract and one of the parties be responsible for the terms employed, it is both just and reasonable that it should be construed most strongly against that party. ... It must also be kept in mind that, when a written contract is entirely prepared by one of the parties, and accepted, as thus prepared, by the other, any doubt as to the meaning of its provisions is to be resolved against the party
The plaintiff’s argument that a broker’s contract need not be in writing is sound, bui, we must dispose of this case on the theory on which it was pleaded and tried to the trial court. Maltbie, Conn. App. Proc. § 42.
There is no error.