Martin v. Todd Arthurs Co.

Citations

• 225 Conn. App. 844

Syllabus

The plaintiff sought to recover damages from the defendant, a business selling heating, ventilation and air conditioning equipment, in connection with the defendant's sale of allegedly defective equipment. The plaintiff commenced an action, alleging, inter alia, breach of contract. The defen- dant filed a request to revise, and the plaintiff revised his complaint. The defendant thereafter filed a motion to dismiss based on a lack of subject matter jurisdiction due to a forum selection clause contained in the underlying contract. The trial court, noting that the forum selection clause implicated personal jurisdiction and not subject matter jurisdic- tion, denied the motion to dismiss, both as untimely and because the defendant waived the right to file a motion based on lack of personal jurisdiction when it filed a request to revise. The parties engaged in settlement negotiations, both written and oral, including an offer by the plaintiff that the defendant could take possession of the equipment if it chose. The defendant filed an offer of compromise with the court pursuant to statute (§ 52-193) and the rule of practice (§ 17-11). The plaintiff emailed the defendant's counsel to communicate that he agreed on the settlement amount contained in the offer of compromise and the defendant's counsel replied that she would send the plaintiff a draft settlement agreement. Prior to the receipt of the draft settlement agree- ment, the plaintiff emailed the defendant's counsel that he had disposed of the equipment. Thereafter the defendant withdrew the offer of com- promise, and the plaintiff objected and filed a motion with the court to compel the settlement. The trial court granted the motion to enforce the settlement agreement, finding that the defendant did not condition its offer to settle upon the return of the equipment. On the defendant's appeal to this court, held: 1. The trial court erred in granting the plaintiff's motion to enforce the settlement agreement as the par