Logourl black

Indoe v. Dwyer

Superior Court of New Jersey, Law Division
424 A.2d 456 (1980)


Facts

Christine Dwyer (defendant) submitted an offer to purchase a house owned by William and Jane Indoe (plaintiffs) on behalf of herself and her husband John Dwyer (defendant), who was out of town at the time. The offer was accepted and a standard form contract was prepared by a realtor. Mrs. Dwyer signed the agreement, mistakenly believing it to be a bid rather than a binding contract. The effectiveness of the agreement was conditioned on approval by each party’s attorney, except with respect to price and financing terms. The Dwyers gave a copy of the agreement to their attorney who found numerous problems with it, regarding issues such as inspections, timing, and the conveyance of personal property. On those bases, the attorney notified the realtor that he was withholding approval of the contract and that the Dwyers would not purchase the property. The Indoes sued. Both parties submitted motions for summary judgment, which the trial court took under consideration.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision. To access this section, start your 7-day free trial of Quimbee for Law Students.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question. To access this section, start your 7-day free trial of Quimbee for Law Students.

Holding and Reasoning (Gaynor, J.)

The holding and reasoning section includes:

  • 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.).

To access this section, start your 7-day free trial of Quimbee for Law Students.

Here's why 81,000 law students rely on our case briefs:

  • Reliable - written by law professors and practitioners not other law students.
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your class - works on your mobile and tablet.
  • 11,513 briefs - keyed to 153 casebooks.
  • Uniform format for every case brief.
  • Written in plain English - not in legalese and not just repeating the court's language.
  • Massive library of related video lessons - and practice questions.
  • Ability to tag case briefs in an outlining tool.
  • Top-notch customer support.
Start Your Free Trial Now