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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Fellows v. Martin, 217 Conn. 57 (1991)

Citation
Fellows v. Martin, 217 Conn. 57 (1991)
Parent Document
Fellows v. Martin, 217 Conn. 57 (1991)
Jurisdiction
Connecticut (state)
Effective Date
1991-01-01

Other Sections in This Document (44)

Full Text

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The factors considered by these courts in deciding whether to grant equitable relief in nonpayment cases are those suggested by Justice Story in his learned treatise, namely, (1) whether, in the absence of equitable relief, one party will suffer a loss 11 wholly disproportionate to the injury to the other party”; (emphasis added) 3 J. Story, supra, § 1728; and (2) whether the injury to the other party is reparable. See 3 J. Story, supra; see also Petterson v. Weinstock, 106 Conn. 436, 443-44, 138 A. 433 (1927). We applied a similar balanc*67ing test in two landlord-tenant cases, Fountain Co. v. Stein, 97 Conn. 619, 624, 118 A. 47 (1922) (a lease renewal case), and Nicoli v. Frouge Corporation, supra, 247 (a breach of covenant case).10