Patalano v. Chabot

The finding, as corrected, discloses the following facts: On December 20, 1946, the plaintiff owned a parcel of land on Wood Street, South Norwalk. Two buildings were then standing on the property, one known as 12 Wood Street and the other as 14 Wood Street. The latter was a three-and-one-half-story frame dwelling house with a store on the ground floor. The former was an unfinished two-and-one-half-story brick building. Attached to and forming an integral part of it was a section referred to in the finding as the ""one story boiler room."" It occupied the nine-foot space between the two main buildings. Its roof was substantially at the same level as the floor of the porch above the store in No. 14. On the date mentioned above, the parties entered into a written contract whereby the plaintiff agreed to exchange the property known as No. 12 for a parcel owned by the defendant in another part of the city. In referring to what the plaintiff was to convey, the contract provided that the boiler room and the land on which it stands ""are not included in this sale,"" and that ""the premises to be conveyed will