Superior Court of New Jersey, Appellate Division
237 N.J. Super. 385 (1989)
James M. McGarry, Jr. (defendant) entered into an agreement to rent a house from Frank Farese (plaintiff). Because McGarry believed the contract included an option for him to purchase the property at the end of the lease period, McGarry made several improvements to the home during the rental period. At the end of the lease term, McGarry continued to occupy the house for nearly seven months despite receiving a notice from Farese to vacate. After he moved out, Farese filed suit against McGarry seeking compensation for the “damage” cause to the house and twice the monthly rent for the time McGarry remained beyond the end of the lease term. McGarry filed a counter-claim for specific performance of the option to purchase the home or, in the alternative, compensation for the improvements he made to the property. A jury concluded that Farese would be unjustly enriched if he did not pay for the improvements made by McGarry. Thus, the jury awarded McGarry $13,000 on his counter-claim. Farese appealed.
Rule of Law
Holding and Reasoning (Brochin, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 204,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.