written contract requirement in Connecticut

2000A. Secondino Son v. LoRicco , 215 Conn. 336 , 343 , 576 A.2d 464 (1990); General Statutes § 20-427 (c) ("a violation of any of the provisions of this chapter shall be deemed an unfair or deceptive trade practice under subsection (a) of section 42-110b ").

1992The Supreme Court has held, ". . . absent proof of bad faith on the part of a homeowner 20-429 permits no recovery in quasi contract by a contractor who has failed to comply with the statute's written contract requirement." A. Secondino Son, Inc. v. LoRicco, 215 Conn. 336 .

1999At pages 100-101, the court says the following: "In the leading case on the subject, Pratt v. Hudson River R Co., 21 N.Y. 305 , the proposal contained this provision: `Contractors, whose bids may be accepted, will be required to enter into contract;' the acceptance read, in part: `We hereby bind ourselves to enter into written contracts.' This proposal and acceptance was held to constitute a contract to enter into a written contract upon the definite terms of the proposal as accepted and the refusal of one party to execute a written contract was held in effect to be a breach of the contract ev

1999At pages 100-101, the court says the following: "In the leading case on the subject, Pratt v. Hudson River R Co. , 21 N.Y. 305 , the proposal contained this provision: `Contractors, whose bids may be accepted, will be required to enter into contract;' the acceptance read, in part: `We hereby bind ourselves to enter into written contracts.' This proposal and acceptance was held to constitute a contract to enter into a written contract upon the definite terms of the proposal as accepted and the refusal of one party to execute a written contract was held in effect to be a breach of the contract e

1997Habetz v. Condon, 224 Conn. 231 , 237 , 618 A.2d 501 (1992); A. Secondino Son, Inc. v. Loricco, 215 Conn. 336 , 340 , 576 A.2d 464 (1990); Barrett Builders v. Miller, 215 Conn. 316 , 576 A.2d 455 (1990).

1997Habetz v. Condon, 224 Conn. 231 , 237 , 618 A.2d 501 (1992); A. Secondino Son, Inc. v. Loricco, 215 Conn. 336 , 340 , 576 A.2d 464 (1990); Barrett Builders v. Miller, 215 Conn. 316 , 576 A.2d 455 (1990).

1990The majority opinion incorrectly implies that Caulkins v. Petrillo, 200 Conn. 713 , 513 A.2d 43 (1986), addressed the availability of restitutionary remedies: “Our conclusion in Caulkins that the legislature ‘intended no exceptions’ to the written contract requirement, even for restitution when a contractor has fully performed its obligations under the invalid agreement, thus applies with equal force to the [contractor’s] claim for quasi contractual recovery in this case.” (Emphasis added.) There is no mention of restitution or any equivalent reference in Caulkins , nor was that subject before

1990The majority opinion incorrectly implies that Caulkins v. Petrillo, 200 Conn. 713 , 513 A.2d 43 (1986), addressed the availability of restitutionary remedies: “Our conclusion in Caulkins that the legislature ‘intended no exceptions’ to the written contract requirement, even for restitution when a contractor has fully performed its obligations under the invalid agreement, thus applies with equal force to the [contractor’s] claim for quasi contractual recovery in this case.” (Emphasis added.) There is no mention of restitution or any equivalent reference in Caulkins , nor was that subject before

1990In deciding upon a motion to strike or a demurrer, a trial court must take the facts to be those alleged in the complaint; Blancato v. Feldspar Corporation, 203 Conn. 34, 36 , 522 A.2d 1235 (1987); DeMello v. Plainville, 170 Conn. 675, 677 , 368 A.2d 71 (1976); and “cannot be aided by the assumption of any facts not therein alleged.” Fraser v. Henninger, 173 Conn. 52, 60 , 376 A.2d 406 (1977); Wexler Construction Co. v. Housing Authority, 144 Conn. 187, 194 , 128 A.2d 540 (1956).

1990In deciding upon a motion to strike or a demurrer, a trial court must take the facts to be those alleged in the complaint; Blancato v. Feldspar Corporation, 203 Conn. 34, 36 , 522 A.2d 1235 (1987); DeMello v. Plainville, 170 Conn. 675, 677 , 368 A.2d 71 (1976); and “cannot be aided by the assumption of any facts not therein alleged.” Fraser v. Henninger, 173 Conn. 52, 60 , 376 A.2d 406 (1977); Wexler Construction Co. v. Housing Authority, 144 Conn. 187, 194 , 128 A.2d 540 (1956).

1990See Barrett Builders v. Miller, 215 Conn. 316 (1990); A. Secondino Son, Inc. v. LoRicco, 215 Conn. 336 (1990); Liljedahl Bros., Inc. v. Grigsby, 215 Conn. 345 (1990); Sidney v. DeVries, 215 Conn. 350 (1990).

1990In deciding upon a motion to strike or a demurrer, a trial court must take the facts to be those alleged in the complaint; Blancato v. Feldspar Corporation, 203 Conn. 34, 36 , 522 A.2d 1235 (1987); DeMello v. Plainville, 170 Conn. 675, 677 , 368 A.2d 71 (1976); and “cannot be aided by the assumption of any facts not therein alleged.” Fraser v. Henninger, 173 Conn. 52, 60 , 376 A.2d 406 (1977); Wexler Construction Co. v. Housing Authority, 144 Conn. 187, 194 , 128 A.2d 540 (1956).

1990In deciding upon a motion to strike or a demurrer, a trial court must take the facts to be those alleged in the complaint; Blancato v. Feldspar Corporation, 203 Conn. 34, 36 , 522 A.2d 1235 (1987); DeMello v. Plainville, 170 Conn. 675, 677 , 368 A.2d 71 (1976); and “cannot be aided by the assumption of any facts not therein alleged.” Fraser v. Henninger, 173 Conn. 52, 60 , 376 A.2d 406 (1977); Wexler Construction Co. v. Housing Authority, 144 Conn. 187, 194 , 128 A.2d 540 (1956).

1990The trial court granted the motion to strike in reliance on the decision of the Appellate Court in Sidney v. DeVries, 18 Conn. App. 581, 588-89 , 559 A.2d 1145 (1989).

1990The trial court granted the motion to strike in reliance on the decision of the Appellate Court in Sidney v. DeVries, 18 Conn. App. 581, 588-89 , 559 A.2d 1145 (1989).

1990In deciding upon a motion to strike or a demurrer, a trial court must take the facts to be those alleged in the complaint; Blancato v. Feldspar Corporation, 203 Conn. 34, 36 , 522 A.2d 1235 (1987); DeMello v. Plainville, 170 Conn. 675, 677 , 368 A.2d 71 (1976); and “cannot be aided by the assumption of any facts not therein alleged.” Fraser v. Henninger, 173 Conn. 52, 60 , 376 A.2d 406 (1977); Wexler Construction Co. v. Housing Authority, 144 Conn. 187, 194 , 128 A.2d 540 (1956).

1990In deciding upon a motion to strike or a demurrer, a trial court must take the facts to be those alleged in the complaint; Blancato v. Feldspar Corporation, 203 Conn. 34, 36 , 522 A.2d 1235 (1987); DeMello v. Plainville, 170 Conn. 675, 677 , 368 A.2d 71 (1976); and “cannot be aided by the assumption of any facts not therein alleged.” Fraser v. Henninger, 173 Conn. 52, 60 , 376 A.2d 406 (1977); Wexler Construction Co. v. Housing Authority, 144 Conn. 187, 194 , 128 A.2d 540 (1956).

1990In deciding upon a motion to strike or a demurrer, a trial court must take the facts to be those alleged in the complaint; Blancato v. Feldspar Corporation, 203 Conn. 34, 36 , 522 A.2d 1235 (1987); DeMello v. Plainville, 170 Conn. 675, 677 , 368 A.2d 71 (1976); and “cannot be aided by the assumption of any facts not therein alleged.” Fraser v. Henninger, 173 Conn. 52, 60 , 376 A.2d 406 (1977); Wexler Construction Co. v. Housing Authority, 144 Conn. 187, 194 , 128 A.2d 540 (1956).

1990In deciding upon a motion to strike or a demurrer, a trial court must take the facts to be those alleged in the complaint; Blancato v. Feldspar Corporation, 203 Conn. 34, 36 , 522 A.2d 1235 (1987); DeMello v. Plainville, 170 Conn. 675, 677 , 368 A.2d 71 (1976); and “cannot be aided by the assumption of any facts not therein alleged.” Fraser v. Henninger, 173 Conn. 52, 60 , 376 A.2d 406 (1977); Wexler Construction Co. v. Housing Authority, 144 Conn. 187, 194 , 128 A.2d 540 (1956).