WESTERLY READY-MIXED CONCRETE CO. v. STERN, 3 Conn. App. 530 (1985)

490 A.2d 527

WESTERLY READY-MIXED CONCRETE COMPANY v. MICHAEL STERN ET AL.

(2128)Appellate Court of Connecticut

DUPONT, C.P.J., BORDEN and DALY, Js.

Argued February 8, 1985

Decision released April 16, 1985

Action to recover the price of building materials sold to the defendants, brought to the Superior Court in the judicial district of New London and tried to the court, Longo, J.; judgment for the plaintiff from which the named defendant appealed. Error; further proceedings.

Albert E. Goring, Jr., for the appellant (defendant).

Barry Ward, with whom, on the brief, was Abraham A. Lubchansky, for the appellee (plaintiff).

PER CURIAM.

In rendering its judgment for the plaintiff, the trial court erred in its refusal to consider the matter raised in the defendant’s[1] notice of defense and evidence relating thereto which had been introduced by the defendant, without objection by the plaintiff, during a hearing in damages. See Practice Book 365

Page 531

through 374; Bonner v. American Financial Marketing Corporation, 181 Conn. 57, 434 A.2d 323 (1980).

There is error, the judgment is set aside and a new hearing in damages is ordered.

[1] Stern Builders, Inc., has taken no appeal from the judgment against it. “Defendant” in this decision refers to the appellant, Michael Stern. This appeal was originally filed in the Appellate Session of the Superior Court. General Statutes 51-197a(c).