DocketNumber: No. CV 98 0415567 S
Citation Numbers: 1999 Conn. Super. Ct. 3098
Judges: DEVLIN, JUDGE.
Filed Date: 3/10/1999
Status: Non-Precedential
Modified Date: 4/17/2021
The dispute between the parties concerns an engine replacement that Ciancola motors did on Logan's automobile. Specifically, Ciancola Motors seeks payment of the balance due for replacing the engine in Logan's car with a used engine. Logan claims that Ciancola agreed to replace the engine in her car with a rebuilt engine as opposed to a used engine and therefore CT Page 3099 breached the contract. It should be noted that the work order attached to the small claims complaint clearly indicates that a used engine was installed.
The prevailing view in Connecticut is that a simple breach of contract claim does not amount to a violation of CUTPA. EmleeEquipment Leasing Corp. v. Waterbury Transmission. Inc.,
This case turns on whether a "used" or "rebuilt" engine was installed in Logan's car. There is no claim that Ciancola Motors misrepresented the engine as rebuilt when in fact it was used. Indeed as noted above, the paperwork for the repair job describes the engine as "used." Compare, CNF Contractors Inc. v. CulliganWater Conditioning Co.,
With respect to the third count of the counterclaim, Logan has provided no authority to support an independent cause of action for "unfair and unscrupulous practices."
For the reasons set forth above, Ciancola Motor's motion to strike the second and third counts of the counterclaim is granted.
So Ordered at New Haven, Connecticut this 10th day of March, 1999.
Devlin, J.