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Nohe v. Roblyn Development Corp.
New Jersey Superior Court, Appellate Division
686 A.2d 382 (N.J. App. 1997)
The Nohes (plaintiffs) contracted to buy residential property and the construction of a house from Roblyn Development Corp. (Roblyn) (defendants) for $651,488.70. The Nohes paid a deposit of $79,027.40. A dispute arose and the Nohes backed out of the deal. Subsequently, Roblyn sold the house to a third party for $840,000. The Nohes brought suit on the contract, seeking to have the deposit returned. The Nohes filed a motion for summary judgment and conceded for purposes of the motion that they breached the contract. The trial court granted the Nohes’ motion and ordered the deposit returned. The defendants appealed.
Rule of Law
Holding and Reasoning (Coburn, J.)
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