This action was instituted by seven plaintiffs, as joint and several promisees, upon an alleged promise of the defendants to prepare and improve a street upon which the plaintiffs had purchased building lots. Five of the plaintiffs withdrew, and the two remaining plaintiffs, Bachman and Sweetser, proceeded to trial upon an amended complaint. The trial court rendered judgment in favor of these plaintiffs, hereinafter referred to as the plaintiffs, to recover nominal damages from the defendant John Fortuna only. The plaintiffs have appealed.
Briefly stated, the facts are as follows: The plaintiffs bought building lots from John Fortuna, hereinafter called the defendant, upon an undeveloped *193 street in a residential building development owned and promoted by Mm. As part of the consideration for the purchase of the lots, the defendant agreed to put the street in condition for acceptance by the town of Westport. The trial court found that he failed to do as he had agreed, and the defendant has not challenged this finding. The trial was complicated by the proof of facts to the effect that other lot owners in the development, who had a direct interest in the performance of the defendant’s promise to the plaintiffs but who could not establish a like promise to themselves, joined with the plaintiffs in raising funds to improve part of the street, and that the plaintiffs, in addition to advancing some funds of their own, obligated themselves by borrowing money from another interested person in order to pay for putting the street into a condition acceptable to the town, as the defendant had agreed to do. The loans to the plaintiffs were to be repaid only if they recovered from the defendant. The cost of putting the street into an acceptable condition was $3950, but the trial court did not find that this was the reasonable cost of doing the work. No evidence was offered to show the depreciated value of the plaintiffs’ properties by reason of the defendant’s breach. The trial court held that the plaintiffs were entitled to recover as damages the difference between the value of their properties with performance of the defendant’s agreement and the value without performance ; but as no evidence on tMs difference had been offered, the court awarded only nominal damages of $50 to each plaintiff.
The court was in error in holding that proof of the plaintiffs’ damages could only be shown by the value rule. It followed the rule laid down in
Coughlin
v.
Blair,
*195
The trial court was apparently misled to some extent by the fact that the plaintiffs were not suing in a representative capacity under General Statutes § 7827. They properly joined in this action. General Statutes §§ 7823, 7824;
Hurd
v.
Hotchkiss,
There is error, the judgment is set aside and the case is remanded with direction to render judgment for the plaintiffs to recover such damages of the defendant John Fortuna as they may prove on a new trial limited to the issue of damages.
In this opinion the other judges concurred.
