Quimbee logo
DMCA.com Protection Status

Malus v. Hager

712 A.2d 238 (1998)

Case BriefRelatedOptions
From our private database of 26,900+ case briefs...

Malus v. Hager

New Jersey Superior Court, Appellate Division

712 A.2d 238 (1998)

Facts

Kenneth and Jean Hager (defendants) and Richard and Rosemary Malus (plaintiffs) signed a contract for the sale and purchase of the Hager's house. The contract was contingent on the Maluses' securing a loan commitment within 45 days. The contract also provided that if the Maluses failed to close on the purchase, the Hagers could keep the Maluses' down payment. The Maluses successfully obtained a bank's loan commitment within 45 days. However, four days before the scheduled closing date, and through no fault of his own, Mr. Malus lost his job, and the bank withdrew its loan commitment. By this time, the Hagers had moved from their house into temporary quarters, and it was four months before they managed to close on the sale of their house to another buyer. The Hagars incurred significant extra moving and storage costs due to the delay, and refused to refund the Maluses' down payment. In reliance on a 1988 case precedent, the trial court granted the Maluses' motion for summary judgment. The Hagars appealed to the New Jersey Superior Court, Appellate Division.

Rule of Law

Issue

Holding and Reasoning (Wefing, J.)

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 540,000 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
  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.

    Learn about our approachRead more about Quimbee

Here's why 540,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 26,900 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.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 540,000 law students have relied 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
  • 26,900 briefs - keyed to 983 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
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership