Breen v. Phelps

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that a party may not impress a constructive trust upon a deceased's estate where he cannot identify and trace the trust res.
• noting that the trial court in granting the motion to strike found that the writing on the check was insufficient to satisfy the statute of frauds
• granting of motion to strike does not, on its own, constitute final judgment
• citing, Montanaro v. Pandolfini, 148 Conn. 153, 157, 168 A.2d 550 (1961)
• possession is not a prerequisite for part performance, but “may be highly significant in establishing the reasonable reliance upon the oral contract which is essential”
• \A judge should hesitate to change his own rulings in a case and should be even more reluctant to overrule those of another judge\

Source: CourtListener parenthetical corpus (CC0).