195 A. 607 | Conn. | 1937
The complaint alleged intolerable cruelty by the defendant between September, 1934, and September, 1935. The answer was, as to this, a general denial. The finding sets forth facts as to conduct of the defendant during the period alleged from which the trial court reached the conclusion that she was guilty of intolerable cruelty to the plaintiff. It also included a statement that the plaintiff "never condoned the general conduct" of the defendant. The defendant does not now claim that in the absence of condonation the conclusion of cruelty was illegally or illogically drawn from the subordinate facts. Her contention is that instead of finding as it did that the plaintiff had not condoned her conduct, the court should have found that her acts had been condoned. As no attack is made upon the finding of relevant subordinate facts, her claim necessarily is that these facts require a finding of condonation, in that it appears that, in September, 1934, when the parties moved to another apartment the plaintiff spent about $1500 in furnishing it, and transferred the balance of his money in bank to a joint account with his wife, that in May, 1935, on again moving, he bought more furniture and spent additional sums of money to provide a comfortable home, and, especially, that after they had *411 separated in June, 1935, a reconciliation was effected in July as a result of which they resumed living together for a time.
The answer contained no allegation of condonation which, not being inconsistent with the statements in the complaint, should be specially pleaded. Practice Book, 104. See Bagdan v. Bagdan,
However, even if the defendant was in a position to claim an adjudication of an issue of condonation we could not say that an affirmative finding thereon is called for, as a matter of law, or that the finding to the contrary is erroneous. What constitutes condonation of cruelty is a question of fact. Mandelin v. Mandelin,
We cannot say that the trial court could not legitimately infer from the other facts found that the acts of the plaintiff upon which the defendant relies as constituting condonation were motivated by such hopes or expectations. Steinmann v. Steinmann,
There is no error.
In this opinion the other judges concurred.