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American Sand & Gravel, Inc. v. Clark & Fray Construction Co.

Citations: 2 Conn. Cir. Ct. 284; 1 U.C.C. Rep. Serv. (West) 85; 1963 Conn. Cir. LEXIS 259; 198 A.2d 68Docket: File No. CV 14-636-5250

Court: Connecticut Appellate Court; December 11, 1963; Connecticut; State Appellate Court

Narrative Opinion Summary

In this case, the plaintiff, a supplier of sand and gravel, sought to recover a sum of $877.44 from the defendant, a Connecticut corporation, for the purchase of bank-run sand. The legal proceedings commenced with a writ and complaint on May 21, 1963, and the defendant's president appeared pro se, contrary to Connecticut law, which mandates that only licensed attorneys may represent parties in court, and prohibits corporations from practicing law indirectly. The core issue involved a dispute over the terms of the contract for the sale of sand. The plaintiff argued that the agreed price was 55 cents per ton, while the defendant claimed a special price of 45 cents per ton was applicable, contingent on buying 20,000 to 25,000 tons. The court found the defendant failed to meet its burden of proof for this special defense. Moreover, it concluded that the time elapsed from the initial offer in 1961 to the defendant's purchase in 1963 was unreasonable for the special rate to apply. Ultimately, the court ruled in favor of the plaintiff, awarding a total of $908.63, including $32.93 in interest calculated from when the debt was due, along with costs. This decision underscores the importance of clear contractual terms and timely fulfillment of conditional agreements.

Legal Issues Addressed

Burden of Proof in Special Defenses

Application: The defendant was required to demonstrate the applicability of a special price agreement but was unable to meet this burden.

Reasoning: The defendant failed to meet its burden of proof regarding its special defense.

Calculation of Damages and Interest

Application: The court awarded damages based on the plaintiff's standard price and included interest from the date the debt was due.

Reasoning: The plaintiff's bill totals $875.70, and interest, calculated as damages from when the debt was due, amounts to $32.93 from April 1963 to the present.

Contractual Obligations and Special Pricing Arrangements

Application: The defendant disputed the terms of the contract but failed to prove the existence of a special pricing arrangement contingent on purchasing a specified quantity of sand.

Reasoning: The defendant acknowledges the purchase of 1538.30 tons of bank-run sand but disputes the contract terms as claimed by the plaintiff. The defendant carries the burden to prove this special defense.

Reasonableness of Contractual Conditions Over Time

Application: The court found the duration from 1961 to February 1963 unreasonable for the plaintiff to wait for the defendant to fulfill a condition related to special pricing.

Reasoning: The duration from 1961 to February 1963 was deemed unreasonable for the plaintiff to wait for the defendant’s decision regarding the special price.

Representation in Court by Corporations

Application: The case highlights the prohibition under Connecticut law against corporations practicing law in court through non-attorneys, yet the court allowed the defendant corporation's president to appear pro se.

Reasoning: Under Connecticut law, only licensed attorneys may practice law in court, and corporations cannot engage in legal practice, either directly or indirectly through non-attorneys.