In any action founded on contract, for the recovery of damages, the plaintiff may offer evidence of any damages that may have accrued from the same cause of action subsequent to the bringing of the action, provided he shall have given reasonable notice to the defendant of the damages which he intends to prove, and may recover judgment for the full amount of damages he may prove that he has sustained. The plaintiff, upon giving such notice, may, by leave of the court, increase the statement of amount in demand in the writ subject to the provisions of sections 52-91 and 52-259.
(1949 Rev., S. 7982; P.A. 82-160, S. 219.)
History: P.A. 82-160 rephrased the section and deleted a provision which prohibited the plaintiff from increasing his demand by an amount which would carry it beyond the jurisdiction of the court and replaced it with a provision making an increase in the amount in demand “subject to the provisions of section 52-91 and section 52-259”.
Applies to damage set up under a counterclaim. 64 C. 563. Has no application to a cause of action nonexistent when the suit was begun. 71 C. 425. Applied to action for breach of covenant in deed by lease not expiring until after action brought. 87 C. 169. Cited. 225 C. 804.
Cited. 7 CS 247. Action for damages for breach of lease not within scope of a “debt or liquidated demand in money”; authorities reviewed. 17 CS 35. Cited. 37 CS 840.
Cited. 4 Conn. Cir. Ct. 284.
Structure Connecticut General Statutes
Chapter 901 - Damages, Costs and Fees
Section 52-236. - Actions on contract; evidence of damages since suit.
Section 52-237. - Damages in actions for libel.
Section 52-238. - Damages in actions on penal bonds.
Section 52-239. - When broadcasting stations, networks, CATV systems liable for defamation.
Section 52-240. - Effect of damages on costs.
Section 52-240a. - Award of attorney's fees in product liability action.
Section 52-240b. - Punitive damages in product liability actions.
Section 52-243. - Costs when plaintiff is partly successful.
Section 52-244. - When plaintiff not to recover costs.
Section 52-245. - False statement concerning defense. Costs.
Section 52-246. - Costs for service by indifferent person.
Section 52-247. - Officer's fees on foreign attachment when garnishee not cited in.
Section 52-248. - Costs when there are more civil actions than necessary.
Section 52-249. - Costs and attorney's fees in actions for foreclosure and substitution of bond.
Section 52-249a. - Costs and attorney's fee in action upon a bond substituted for a mechanic's lien.
Section 52-250. - Costs of application to dissolve injunction.
Section 52-251a. - Costs, attorney's fees on small claims matter transferred to regular docket.
Section 52-251b. - Costs and attorney's fees in action for deprivation of civil rights.
Section 52-252. - Costs for nonappearance of party giving notice of deposition.
Section 52-253. - Costs in suit against manufacturers for nuisance.
Section 52-254. - Costs in amicable suit.
Section 52-255. - Costs on motion to expunge.
Section 52-256a. (Formerly Sec. 46-27). - Award of attorney's and officer's fees in contempt action.
Section 52-256b. - Award of attorney's and officer's fees in contempt action.
Section 52-257. - Fees of parties in civil actions.
Section 52-257a. - Fees in Circuit Court.
Section 52-259. - *(See end of section for amended version and effective date.) Court fees.
Section 52-259a. - Exemptions from certain fee requirements.
Section 52-259b. - Waiver of fees and payment of the cost of service of process for indigent party.
Section 52-259c. - Fee to open, set aside, modify, extend or reargue judgment.
Section 52-259d. - Additional fee for civil causes.
Section 52-260. - Witness fees.
Section 52-262. - Fees for signing process, administering oaths, acknowledgments.