Glenn Stetzer v. Barry Grant et al. (2009)

ORDER

The court has considered the plaintiff's request that the court enter a post-judgment order requiring the defendants to surrender possession of the truck and trailer, located in Georgia, to the plaintiff.

In his revised complaint, the plaintiff brought suit for breach of contract under General Statutes § 42a-1-101 et seq.   The plaintiff's claim for relief sought:  (1) the purchase price of the property pursuant to General Statutes § 42a-2-709;  (2) interest;  (3) incidental damages pursuant to General Statutes § 42a-2-710;  and (4) attorneys fees and costs.   On November 16, 2009, the court entered a monetary judgment in the plaintiff's favor in the amount of $240,286.05.

“The principle that a plaintiff may rely only upon what he has alleged is basic.   It is fundamental in our law that the right of a plaintiff to recover is limited to the allegations of his complaint.”  (Citations omitted;  internal quotation marks omitted.)  Matthews v. F.M.C. Corp., 190 Conn. 700, 705-06, 462 A.2d 376 (1983).

As the plaintiff did not allege a cause of action or seek a remedy under Article 9 of the UCC, this court cannot afford him a remedy under that section now.   Accordingly, the plaintiff's request for a court order requiring the defendants to surrender possession of the truck and trailer is denied.

BY THE COURT

Brian T. Fischer, Judge

Fischer, Brian T., J.