The plaintiffs, Mary Cole and Morton E.

Cole, brought this action against the named

defendant and Angelo J. Giardini and Sydney R.

Pomer. In the complaint it is alleged that Giardini

is a large stockholder and president of the named

defendant, hereinafter called the contractor, and

that Pomer is treasurer and also a large stockholder.

The contractor filed a plea in abatement in which

it was alleged that "at the commencement of this

action, there was and now is another action pending

[141 Conn. 51]

in the Superior Court in and for the County of

Hartford between the same parties as the parties

to this action and for the same cause as that set

forth in said complaint." This was denied by the

plaintiffs, hereinafter called the owners, in

their answer. The trial court found the issues for

the contractor, and it was adjudged that the

action abate and be dismissed as against it. In

their assignment of errors the owners claim that

the court erred in failing to make a special

finding of facts, as requested by them, until

after the time to appeal had expired. They also

claim that the court erred in refusing to grant

their motion for an extension of time to file

and perfect their appeal. Upon argument, however,

these claims were abandoned. The principal

question is whether the court erred in sustaining

the plea in abatement.