Barnini v. Sun Oil Co‪.‬

The plaintiffs' land in Bolton was taken by
the state highway commissioner for highway
purposes by eminent domain under General
Statutes 13a-73 (b). The land had on it a service
station which was under lease from the plaintiffs
to the defendant with an option to renew. The
commissioner assessed damages for the taking, and
[161 Conn. 60]
after an appeal the value of the property was
found to be $85,000, for which amount judgment
was rendered. No appeal was taken from that
judgment. This sum was placed on deposit in the
office of the clerk of the Superior Court. A
dispute arose between the plaintiffs and the
defendant as to the amount due the defendant,
under its lease, from this fund. The plaintiffs
brought suit in the Superior Court to determine
the rights of the parties under General Statutes
48-21.1 The court determined the value of the
lease to be $2040.30, and from a judgment rendered
thereon the defendant has appealed, assigning as
error the court's refusal to find certain facts,
various findings and its conclusions, in overruling
its claims of law and in rendering judgment as on file.