BICC BRAND-REX CO. v. ARTHUR, HARRIS ASSO., 48 Conn. App. 423 (1998)


706 A.2d 1391

BICC BRAND-REX COMPANY v. ARTHUR, HARRIS AND ASSOCIATES, INC.

(AC 17076)Appellate Court of Connecticut

O’Connell, C.J., and Foti and Landau, Js.

Argued March 4, 1998

Officially released April 14, 1998

PROCEDURAL HISTORY

Action for a declaratory judgment determining whether the plaintiff is obligated to pay sales commissions claimed by the defendant pursuant to the parties’ sales representative agreement, brought to the Superior Court in the judicial district of Windham at Putnam, where the court Sferrazza, J., granted the defendant’s motion to dismiss and rendered judgment dismissing the action, from which the plaintiff appealed to this court. Affirmed.

Page 424

David R. Scott, for the appellant (plaintiff).

Stuart G. Blackburn, for the appellee (defendant).

OPINION

PER CURIAM.

This appeal implicates Connecticut’s corporate long arm service of process statute. General Statutes § 33-929 (e) (1). The dispositive issue in this case is whether the contract between the parties was to be substantially performed in this state. The trial court found as a fact that the contract was to be substantially performed outside Connecticut. That factual finding was supported by the evidence and, thus, cannot be overturned by this court. See Cromwell Commons Associates v. Koziura, 21 Conn. App. 1, 5, 570 A.2d 1131 (1990).

The judgment is affirmed.