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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

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Issue

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Holding and Reasoning (Gaynor, 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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