Kessler v. Antinora
Superior Court of New Jersey, Appellate Division
279 N.J. Super. 471, 653 A.2d 579 (1995)
Kessler (plaintiff) and Antinora (defendant) entered into a partnership agreement to build and sell a house. The partnership agreement stated that Kessler would provide the money and Antinora would act as the general contractor for the project. The agreement also provided that, after the house was sold, Kessler would be refunded his contribution plus interest, after which Kessler would receive 60 percent of the profits of the sale and Antinora would receive 40 percent. The partnership agreement did not mention what would happen in the event of a loss. The house was sold at a loss. Kessler sued Antinora to recover 40 percent of his loss on the sale. The Law Division granted Kessler’s motion for summary judgment, and denied Antinora’s cross-motion for summary judgment.
Rule of Law
Holding and Reasoning (King, 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 724,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead 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.Learn about our approachRead more about Quimbee
Here's why 724,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 45,600 briefs, keyed to 983 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.