Barber v. Jacobs

Argued December 8, 1999 OPINION The defendants 1 appeal from the judgment of the trial court rendered after a trial to the court in two consolidated cases ordering them to return to the plaintiff, Thomas K. Barber, a down payment for the purchase of a residence owned by the defendants Robert D. Jacobs and Linda S. Jacobs. 2 The court determined that the agreement between the plaintiff and the Jacobses to purchase the Jacobses' residence never came into existence because it was subject to a condition that had not been fulfilled. The defendants claim that the court improperly (1) found that the plaintiff made reasonable efforts to secure a mortgage as required by the agreement, (2) found that the plaintiff did not breach the implied contractual covenant of good faith and fair dealing and (3) required the defendants to complete an application with the inland wetlands and watercourses agency (agency) of the town of Greenwich. We affirm the judgment of the trial court. These two consolidated actions involve an attempt by the plaintiff to terminate an agreement to purchase real property owned by the defendants Robert Jacobs and Linda Jacobs. In the plaintiff's action for interpleader, he sought to determine the rights to a certain deposit of $327,000 that was paid toward the purchase of the property and was being held in escrow. In the Jacobses' action, they sought to recover damages from the plaintiff, in excess of the deposit, resulting from the plaintiff's breach of contract, breach of the implied covenant of good faith and fair dealing, violation of the Connecticut Unfair Trade Practices Act (CUTPA), General Statutes 42-110a et seq., and fraudulent misrepresentations.