Logourl black
From our private database of 14,000+ case briefs...

Kutzin v. Pirnie

New Jersey Supreme Court
591 A.2d 932 (1991)


Facts

The Kutzins (plaintiffs) entered into a contract to sell a house to the Pirnies (defendants) for $365,000. The Pirnies provided a down payment of $36,000. Later, they breached the contract and refused to go through with the sale. The contract contained no clause regarding liquidated damages or forfeiture of the deposit. The Kutzins eventually sold the house six months later. The Kutzins sued the Pirnies for damages resulting from the breach. The trial court entered judgment for the Kutzins and fixed the amount of damages at $17,325, which included factors such as the difference in between the original and actual selling prices, and utilities, taxes and insurance incurred during the period of time between the planned sale and the actual sale. The trial court ordered the Kutzins to return $18,675 to the Pirnies, representing the difference between the deposit paid and the actual damages sustained as a result of the breach. The Kutzins appealed, and the Appellate Division held that, because the amount of the damages was determined to be less than the deposit, the Kutzins were permitted to retain the entire deposit, but not more, as damages. The Pirnies appealed.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision.

To access this section, please start your free trial or log in.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question.

To access this section, please start your free trial or log in.

Holding and Reasoning (Clifford, 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, please start your free trial or log in.

What to do next…

  1. 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.

  2. 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 201,000 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.