Garguilo v. Moore

The plaintiffs brought this action
for damages, alleging a breach of the defendants'
agreement to perform "the agreements and items of
work" as set forth in a judgment. The judgment
referred to was rendered, without any adjudication
of the issues, in November, 1959, by the Court of
Common Pleas by agreement of the parties in
fulfilment of a stipulation entered into by the
parties to the present action and by others not
involved in the present proceedings. The
defendants have appealed to this court from an
award of damages to the plaintiffs by the Superior
Court. The portion of the 1959 judgment pertinent to
this appeal provided that the defendants herein
"shall have the following work performed in a
competent, workmanlike manner by a competent
contractor selected by the plaintiffs and agreed
to by said defendants; said work to be performed
within a reasonable time and as soon as practicable,
and said work to include the following: a. Install
berm or curbing as needed on Brook Lane in the area
of the culvert adjoining the property of the defendant,
Wilmott, and in front of the property of the defendant,
Crosby, for the purpose of diverting the normal
[156 Conn. 361]