Sec. 52-236. Actions on contract; evidence of damages since suit. - Connecticut Statutes

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Statutes > Connecticut > Title52 > Chap901 > Sec52-236

      Sec. 52-236. Actions on contract; evidence of damages since suit. In any action founded on contract, for the recovery of damages, the plaintiff may offer evidence of any damages that may have accrued from the same cause of action subsequent to the bringing of the action, provided he shall have given reasonable notice to the defendant of the damages which he intends to prove, and may recover judgment for the full amount of damages he may prove that he has sustained. The plaintiff, upon giving such notice, may, by leave of the court, increase the statement of amount in demand in the writ subject to the provisions of sections 52-91 and 52-259.

      (1949 Rev., S. 7982; P.A. 82-160, S. 219.)

      History: P.A. 82-160 rephrased the section and deleted a provision which prohibited the plaintiff from increasing his demand by an amount which would carry it beyond the jurisdiction of the court and replaced it with a provision making an increase in the amount in demand "subject to the provisions of section 52-91 and section 52-259".

      Applies to damage set up under a counterclaim. 64 C. 563. Has no application to a cause of action nonexistent when the suit was begun. 71 C. 425. Applied to action for breach of covenant in deed by lease not expiring until after action brought. 87 C. 169. Cited. 225 C. 804.

      Cited. 7 CS 247. Action for damages for breach of lease not within scope of a "debt or liquidated demand in money"; authorities reviewed. 17 CS 35. Cited. 37 CS 840.

      Cited. 4 Conn. Cir. Ct. 284.

State Codes and Statutes

Statutes > Connecticut > Title52 > Chap901 > Sec52-236

      Sec. 52-236. Actions on contract; evidence of damages since suit. In any action founded on contract, for the recovery of damages, the plaintiff may offer evidence of any damages that may have accrued from the same cause of action subsequent to the bringing of the action, provided he shall have given reasonable notice to the defendant of the damages which he intends to prove, and may recover judgment for the full amount of damages he may prove that he has sustained. The plaintiff, upon giving such notice, may, by leave of the court, increase the statement of amount in demand in the writ subject to the provisions of sections 52-91 and 52-259.

      (1949 Rev., S. 7982; P.A. 82-160, S. 219.)

      History: P.A. 82-160 rephrased the section and deleted a provision which prohibited the plaintiff from increasing his demand by an amount which would carry it beyond the jurisdiction of the court and replaced it with a provision making an increase in the amount in demand "subject to the provisions of section 52-91 and section 52-259".

      Applies to damage set up under a counterclaim. 64 C. 563. Has no application to a cause of action nonexistent when the suit was begun. 71 C. 425. Applied to action for breach of covenant in deed by lease not expiring until after action brought. 87 C. 169. Cited. 225 C. 804.

      Cited. 7 CS 247. Action for damages for breach of lease not within scope of a "debt or liquidated demand in money"; authorities reviewed. 17 CS 35. Cited. 37 CS 840.

      Cited. 4 Conn. Cir. Ct. 284.

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State Codes and Statutes

Statutes > Connecticut > Title52 > Chap901 > Sec52-236

      Sec. 52-236. Actions on contract; evidence of damages since suit. In any action founded on contract, for the recovery of damages, the plaintiff may offer evidence of any damages that may have accrued from the same cause of action subsequent to the bringing of the action, provided he shall have given reasonable notice to the defendant of the damages which he intends to prove, and may recover judgment for the full amount of damages he may prove that he has sustained. The plaintiff, upon giving such notice, may, by leave of the court, increase the statement of amount in demand in the writ subject to the provisions of sections 52-91 and 52-259.

      (1949 Rev., S. 7982; P.A. 82-160, S. 219.)

      History: P.A. 82-160 rephrased the section and deleted a provision which prohibited the plaintiff from increasing his demand by an amount which would carry it beyond the jurisdiction of the court and replaced it with a provision making an increase in the amount in demand "subject to the provisions of section 52-91 and section 52-259".

      Applies to damage set up under a counterclaim. 64 C. 563. Has no application to a cause of action nonexistent when the suit was begun. 71 C. 425. Applied to action for breach of covenant in deed by lease not expiring until after action brought. 87 C. 169. Cited. 225 C. 804.

      Cited. 7 CS 247. Action for damages for breach of lease not within scope of a "debt or liquidated demand in money"; authorities reviewed. 17 CS 35. Cited. 37 CS 840.

      Cited. 4 Conn. Cir. Ct. 284.