INDOE V. DWYER
424 A.2d 456 (1980)
NATURE OF THE CASE: These were cross motions for summary judgment related to an attorney
approval clause in a contract for the purchase of real estate.
FACTS: Indoe (P) had a house for sale. Dwyer (D) was interested in the house and Mrs. D
got approval from her husband to make a bid on the house. In fact, Mrs. D signed a Realtor
contract which P immediately accepted. However, later that evening when the contract was
returned to Mrs. D she was upset because the wall to wall carpeting in the house was not
included in the sale. D immediately got a hold of their attorney who noticed that an
attorney approval clause was in the contract at which point the attorney notified Ps that
the sale would not go through as he, the attorney did not approve. Eventually, P discovered
that this was because of the carpet, the septic system, the closeness of the pool to the
kitchen doors, the little time to pay off the mortgage contingency, and the fact that Mr. D
had not signed the contract. P sued Ds for a breach of contract. Ps contended that their
attorney's notification of disapproval was not sufficient to excuse Ds from performance; the
attorney disapproval clause does not permit disapproval for unspecified reasons nor for any
of the reasons disclosed in D's interrogatories. Both parties moved for summary judgment.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
Get
free access to the entire content for Mac, PC or Online
for 2-3 days and free samples
of all kinds of products.
for 2-3 days and free samples of all kinds of products.
https://bsmsphd.com
© 2007-2016 Abn Study Partner
No comments:
Post a Comment