FARESE V. MCGARRY
237 N.J. Super. 385 (1989)
NATURE OF THE CASE: Farese (P), landlord, appealed a m in favor of McGarry (D) based on
implied contract or quasi contract even though both parties had pled and relied on an
express contact.
FACTS: D rented a one-family house from P pursuant to a written lease. Despite a notice
to vacate, D continued in possession for approximately six and a half months after the
expiration of the term of the lease. D moved out and P sued him, seeking compensation for
damage which the tenant had allegedly caused to the property, twice the monthly rent
pursuant to N.J.S.A. 2A:42-6 for the period during which he had remained in the house after
the expiration of his lease, and an attorney's fee. D counterclaimed for specific
performance or damages. D claimed a breach of his option to purchase the property, and he
sought damages for the breach and compensation for the amount by P had been unjustly
enriched as the result of improvements made by the D to the property in anticipation of his
acquiring it under what he believed was his purchase option. The jury returned a verdict
awarding D $13,000 as the reasonable value of improvements. The jury rejected P's claims for
D's possession beyond the term of his lease or that the premises had been injured by D's
neglect. The jury found that P had not breached his contractual obligation to sell the
property to D. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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