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Devlin v. Wiener

Supreme Court of Connecticut
656 A.2d 664 (1995)


Facts

Gerald Devlin (plaintiff) sold a parcel of land to Pine Orchard Associates, Inc. (Pine) (defendant). The purchase and sale agreement provided that Pine would be indebted to Devlin for $84,000 and that Pine had three options by which to satisfy this obligation. Each option involved reconveying some portion of the land to Devlin. The agreement also stated Pine’s obligations would be secured by a mortgage. The mortgage deed did not contain the amount of Pine’s debt but stated the amount was contained in the purchase and sale agreement. The deed also stated the purchase and sale agreement was located at Pine’s attorney’s office. Pine transferred its interest to Gloria Wiener (defendant). Devlin commenced foreclosure proceedings against Pine and Wiener for default. Wiener claimed that because she was not a party to the mortgage, the mortgage deed was not sufficiently definite to enforce the underlying obligation against her. The trial court found that the mortgage deed was valid. Wiener appealed.

Rule of Law

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Issue

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Holding and Reasoning (Callahan, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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