Kuhn v. Spatial Design, Inc.
Supreme Court of New Jersey, Appellate Division
585 A.2d 967 (1991)
John Kuhn and Marlene Kuhn (plaintiffs) agreed to purchase a home in New Jersey from Spatial Design, Inc. (Spatial) (defendant) for $515,000. The Kuhns paid a $50,000 deposit. After failing to get a mortgage, the Kuhns decided not to go through with the purchase, and they sought to cancel the real estate contract. Spatial refused to return the Kuhns’ deposit and eventually sold the house to other purchasers for $434,000. The Kuhns sued Spatial for the return of their deposit, relying on the mortgage contingency in their real estate contract. Spatial counterclaimed, arguing that the Kuhns falsified their financial situation in their mortgage application and were in breach of contract. The trial court agreed with Spatial and ordered the Kuhns to pay Spatial almost $100,000 in damages, less the retained deposit. The Kuhns appealed.
Rule of Law
Holding and Reasoning (Cohen, 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 178,000 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.