Shuster v. Buckley
In Shuster v. Buckley, 5 Conn. App. 473, 478, 500 A.2d 240 (1985), the complaint made no averment that the claim was brought as a breach of contract. See id.
It was only after the trial court in Shuster already had granted the defendant's motion for summary judgment based on the tort statute of limitations in 52-577 that the plaintiff in that case attempted to add a count alleging breach of contract to his complaint. Id., at 475-76.