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Downing v. Dragone

Citation: Not availableDocket: AC44416

Court: Connecticut Appellate Court; November 1, 2022; Connecticut; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

In this case, the plaintiff, an experienced auctioneer, filed a lawsuit against a classic car dealership and its owners for breach of contract and unjust enrichment. The plaintiff alleged that she was retained to conduct a classic car auction, with an agreement guaranteeing her 1% of the gross proceeds, not less than $30,000. Although the contract was unsigned, the plaintiff fulfilled her obligations, and the defendants accepted her services without objection. The trial court ruled in favor of the plaintiff on the breach of contract claim, finding the agreement enforceable based on the performance and lack of rejection by the defendants. The appellate court affirmed this decision, noting that the defendants' arguments regarding ambiguity and the validity of the contract were not preserved for appeal. Additionally, the court found that judicial estoppel did not apply, and the plaintiff's testimony was credible. The court also addressed evidentiary objections concerning hearsay, ultimately determining that any error in admitting certain exhibits was harmless. The judgment awarded the plaintiff over $100,000 in damages and interest, concluding that the defendant breached the contract by failing to compensate the plaintiff for her services.

Legal Issues Addressed

Appellate Review and Preservation of Claims

Application: The appellate court declined to review claims not distinctly raised at trial, emphasizing the need for proper objection and briefing to preserve issues for review.

Reasoning: The defendant argued that the written agreement's terms were too ambiguous to be enforceable was not considered since it was not raised in the trial court.

Contract Formation and Enforceability

Application: The court found that a written contract existed between the parties, despite being unsigned, as the defendant accepted the plaintiff's services without objection, which indicated assent to the agreement.

Reasoning: The trial court ultimately upheld the written agreement as enforceable, finding that D Co. accepted the terms through the plaintiff’s performance and lack of objections, crediting her testimony regarding the agreed-upon services and fee structure.

Evidence and Burden of Proof

Application: The trial court's findings were based on credible evidence presented by the plaintiff, including testimony and documentary evidence, supporting the existence of a contract, and the court did not improperly shift the burden of proof to the defendant.

Reasoning: The court determined that a written contract existed between the plaintiff and defendant, which the defendant breached by failing to compensate the plaintiff for her services.

Hearsay and Admissibility of Evidence

Application: The court addressed the defendant's hearsay objections regarding certain exhibits, ultimately finding that the objections were not preserved for appeal and that the admission of the exhibits was harmless.

Reasoning: The defendant argued that the trial court improperly admitted hearsay evidence related to damages. Specifically, D Co. objected to exhibit 57, which presented auction results from an online auction website, claiming it was inadmissible hearsay.

Judicial Estoppel and Credibility

Application: The court found judicial estoppel inapplicable and supported the plaintiff's testimony as credible despite the defendant's claims to the contrary.

Reasoning: Judicial estoppel was deemed inapplicable regarding D Co.'s claim against the plaintiff's testimony. While the plaintiff's responses were ambiguous, the trial court found her testimony credible.