DocketNumber: No. CV 89 0101480 S
Judges: LEWIS, JUDGE.
Filed Date: 4/5/1991
Status: Non-Precedential
Modified Date: 4/17/2021
The plaintiff did not file a motion to correct (Practice Book 438) not any exceptions to the report (Practice Book 439). It follows therefore that the factual findings of the referee may not be attacked. Burt's Spirit Shop v. Ridgway,
Moreover, the referee's report was filed with this court and mailed to counsel on December 19, 1990, and plaintiff's objections were not filed until January 10, 1991, later than the "two weeks" prescribed by Practice Book 441.
Even if the objections had been timely filed, I would find no reason why the report should not be accepted. The correctness of the subordinate facts having been established, our task is then limited to deciding "whether the subordinate facts were sufficient to support the ultimate factual conclusions." Ruhl v. Fairfield,
In this case the conclusions of fact follow logically from the subordinate facts as determined by the referee. The objections filed by plaintiff represent ". . . a request to substitute (the plaintiff's) version of the facts for the referee's own," which was disapproved in Argentis v. Gould,
Moreover, as was said in Wilcox Trucking, Inc. v. CT Page 3339 Mansour Builders, Inc.,
The attorney trial referee concluded that the plaintiff had failed to prove any breach by the defendant of the implied warranty of merchantability found in General Statutes
It was determined, however, that the defendant had breached an express warranty that the vehicle was guaranteed to be free from defects for thirty days or fifteen hundred miles, whichever came first. It was discovered that the frame had been damaged in an accident and the cost of repair was found to be $600. The referee also determined that the suspension had been damaged and the cost of repair for that item was $712.14. Hence he recommended that the plaintiff recover $1312.14.
The plaintiff's request for consequential damages was rejected by the attorney trial referee because the agreement of sale provided that; "Buyer shall not be entitled to recover from the selling dealer any consequential damages . . . or any other incidental damage."
The referee also found that the defendant had violated General Statutes
Accordingly, judgment may enter for the plaintiff for $1312.14 plus $192.82 attorney's fees for a total of $1504.96, plus costs as taxed by the clerk.
So Ordered.
Dated at Stamford, Connecticut this 5 day of April, 1991.
William B. Lewis, Judge